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TITLE 22EXAMINING BOARDS
PART 18TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
CHAPTER 377PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS
RULE §377.9Service in Nonrulemaking Proceedings

(a) Personal Service. Where personal service of notice by the Board is required, the Board shall mail the same, by certified return receipt requested mail, to the last known place of address or the last address supplied to the Board of the person entitled to receive such notice.

(b) Service of Pleadings. A copy of any protest, reply, answer, motion, or other pleading filed by any party in any proceeding subsequent to the institution thereof shall be mailed or otherwise delivered by the party filing the same to every other party of record. If any party has appeared in the proceeding by attorney or other representative authorized under these rules to make appearances, service shall be made upon such representative. The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the Board or an Administrative Law Judge striking the protest, reply, answer, motion, or other pleading from the record.

(c) Certificate of Service. A certificate by the party, attorney, or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in this connection: I hereby certify that I have this __________ day of __________, 20 ____, served copies of the foregoing pleading upon all other parties to this proceeding, by (here state the manner of service, name, address, phone number and fax number of every party being served). Signature.


Source Note: The provisions of this §377.9 adopted to be effective July 5, 2006, 31 TexReg 5294

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