182-16-055  <<  182-16-058 >>   182-16-064

WAC 182-16-058

Service or serve.

(1) When the rules in this chapter or in other public employees benefits board (PEBB) program rules or statutes require a party to serve copies of documents on other parties, a party must send copies of the documents to all other parties or their representatives as described in this chapter. In this section, requirements for service or delivery by a party apply also when service is required by the presiding officer, review officer or officers, or hearing officer.
(2) Unless otherwise stated in applicable law, documents may be sent only as identified in this chapter to accomplish service. A party may serve someone by:
(a) Personal service (hand delivery);
(b) First class, registered, or certified mail sent via the United States Postal Service or Washington state consolidated mail services;
(c) Fax;
(d) Commercial delivery service; or
(e) Legal messenger service.
(3) A party must serve all other parties or their representatives whenever the party files a motion, pleading, brief, or other document with the presiding officer, review officer or officers, or hearing officer's office, or when required by law.
(4) Service is complete when:
(a) Personal service is made;
(b) Mail is properly stamped, addressed, and deposited in the United States Postal Service;
(c) Mail is properly addressed, and deposited in the Washington state consolidated mail services;
(d) Fax produces proof of transmission;
(e) A parcel is delivered to a commercial delivery service with charges prepaid; or
(f) A parcel is delivered to a legal messenger service with charges prepaid.
(5) A party may prove service by providing any of the following:
(a) A signed affidavit or certificate of mailing;
(b) The certified mail receipt signed by the person who received the parcel;
(c) A signed receipt from the person who accepted the commercial delivery service or legal messenger service parcel;
(d) Proof of fax transmission.
(6) Service cannot be made by electronic mail unless mutually agreed to in advance and in writing by the parties.
(7) If the document is a subpoena, follow the compliance procedure as described in WAC 182-16-3130.
[Statutory Authority: RCW 41.05.021 and 41.05.160. WSR 18-22-033 (Admin #2018-03), ยง 182-16-058, filed 10/29/18, effective 1/1/19.]
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