WAC 246-10-109
Service and filing. (1) A party filing a
pleading, brief, or paper other than an initiating document or
application for an adjudicative proceeding as required or
permitted by these rules, shall serve a copy of the paper upon
the opposing party or any designated representative of the
opposing party prior to or simultaneous with filing.
(2) Unless otherwise provided by law, filing and service
shall be made by personal service; by first class, registered,
or certified mail; or by electronic telefacsimile transmission
(fax) where copies are mailed simultaneously.
(3) Filing shall be complete upon actual receipt during
normal business hours at the adjudicative clerk office.
(4) Service shall be complete when personal service is
made; or mail is properly stamped, addressed, and deposited in
the United States mail; or fax transmission is completed and
copies are deposited in the United States mail properly
stamped and addressed.
(5) Proof of service shall consist of filing as required
by these rules, together with one of the following:
(a) An acknowledgement of service;
(b) A certificate of service including the date the
papers were served, the parties upon whom served, the
signature of the serving party, and a statement that service
was completed by:
(i) Personal service; or
(ii) Mailing in the United States mail a copy properly
addressed with postage and fees prepaid to each party and each
designated representative.
(6) For the purpose of service on a licensee or a person
requesting an adjudicative proceeding, service shall be made
at the last known address provided to the department in
accordance with WAC 246-01-100, unless the program has actual
knowledge of a different correct address for the person being
served.
[Statutory Authority: RCW 18.155.040. 97-12-089, §
246-10-109, filed 6/4/97, effective 7/5/97. Statutory
Authority: RCW 43.70.040. 94-04-079, § 246-10-109, filed
1/31/94, effective 3/3/94; 93-13-005 (Order 369), §
246-10-109, filed 6/3/93, effective 7/4/93.]