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TITLE 1 - ADMINISTRATION
PART 2 - TEXAS ETHICS COMMISSION
CHAPTER 12 - SWORN COMPLAINTS
SUBCHAPTER D - PLEADINGS AND MOTIONS
SECTION/RULE §12.36 - Service of Documents
Chapter Review Date 06/12/2001

(a) On the same date a document is filed with the commission, a copy shall also be sent to each party or the party's authorized representative by hand-delivery; by regular, certified, or registered mail; or by email, upon agreement of the parties.(b) A person filing a document shall include a certificate of service that certifies compliance with this section.(1) A certificate of service shall be sufficient if it substantially complies with the following example: "Certificate of Service: I certify that on {date}, a true and correct copy of this {name of document} has been sent to {name of opposing party or authorized representative for the opposing party} by {specify method of delivery, e.g., email, regular mail, fax, certified mail.} {Signature}"(2) If a filing does not certify service, the commission may:(A) return the filing;(B) send a notice of noncompliance to all parties, stating the filing will not be considered until all parties have been served; or(C) send a copy of the filing to all parties.(c) The following rebuttable presumptions shall apply regarding a party's receipt of documents served by another party:(1) If a document was hand-delivered to a party, the commission shall presume that the document was received on the date of filing at the commission.(2) If a document was served by courier-receipted overnight delivery, the commission shall presume that the document was received no later than the next business day after filing at the commission.(3) If a document was served by regular, certified, or registered mail, or non-overnight courier-receipted delivery, the commission shall presume that it was received no later than three days after mailing.(4) If a document was served by fax or email before 5:00 p.m. on a business day, the commission shall presume that the document was received on that day; otherwise, the commission shall presume that the document was received on the next business day.(d) The sender has the burden of proving date and time of service.

Source Note: The provisions of this §12.36 adopted to be effective October 27, 2024, 49 TexReg 8574.

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