(a) Generally. Any document filed in a case under this subpart must be served concurrently on each party to the proceeding under the terms specified in this section and in accordance with the OHA Standing Orders on Electronic Transmission and the OHA Standing Orders on Contact Information.

(b) Service on represented parties. Service on a party known to be represented by an attorney, or another designated representative, must be made on the representative. Parties must serve the appropriate office of the Office of the Solicitor as provided in the OHA Standing Orders on Contact Information until a particular attorney of the Office of the Solicitor files and serves a notice of appearance in the proceeding, after which that attorney must be served.

(c) Service address. Every person or entity who files a document in connection with the proceeding must provide the mailing or electronic address that the person or entity intends to use for service in the proceeding. A person or entity seeking to receive service electronically must consent to electronic service as required by paragraph (e)(1) of this section. If a person or entity has not consented to electronic service, then anyone serving a document on that person or entity must use the mailing address in the person's or entity's most recent filing or, if there has not been any filing, the mailing address of the person or entity as provided by OFA.

(d) Address changes. A party whose mailing or electronic address changes during the proceeding must promptly file and serve a written notice of the change and must specify the applicable docket number or docket numbers when available.

(e) Manner of service. A document must be served electronically or non-electronically as follows:

(1) Electronic. Service may be made electronically on the Office of the Solicitor as specified in the OHA Standing Orders on Electronic Transmission. Service may be made electronically on all other persons or entities who have consented to electronic service under the terms specified in the OHA Standing Orders on Electronic Transmission.

(2) Non-electronic. Service may be made non-electronically by personal delivery, express mail, or third-party commercial courier for delivery on the next business day.

(f) Certificate of service. At the conclusion of any document that a party must serve under this subpart, the party or the party's representative must sign a written statement that:

(1) Certifies that service has been or will be made in accordance with the applicable rules; and

(2) Specifies the date and manner of service.

(g) Completion of service—(1) Electronic. Service by electronic means is complete on sending or as otherwise provided by the OHA Standing Orders on Electronic Transmission, unless the party making service is notified that the document was not received by the party served.

(2) Non-electronic. Service by express mail or by commercial courier for delivery on the next business day is complete on mailing or dispatch to the carrier. The date of mailing or dispatch must be documented by a postmark date, acceptance scan, receipt, or other similar written acknowledgement from the carrier delivering the document.

(h) Issuance. An ALJ may issue notices, orders, recommended decisions, or other documents electronically or non-electronically as follows:

(1) Electronic. A notice, order, recommended decision, or other document will be issued electronically to the electronic service address provided by the person or entity, and service is complete on sending or as otherwise specified by the OHA Standing Orders on Electronic Transmission.

(2) Non-electronic. If an electronic service address has not been provided, then

(i) A notice, order, or other document will be issued by first-class United States mail or third-party commercial courier to the mailing address provided by the person or entity or, if not provided, to the last known address, and service is complete on mailing or dispatch; and

(ii) A recommended decision will be sent by certified United States mail to the mailing address provided by the person or entity or, if not provided, to the last known mailing address, and service is complete when received. If a recommended decision sent by certified mail is not claimed by the recipient or is returned as undeliverable, then service will be made by first-class United States mail, and service is deemed complete when mailed.