49 CFR 821.8 - Service of documents.

Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 821.8 Service of documents.

(a) Who must be served.

(1) Copies of all documents filed with the Board must be simultaneously served on (i.e., sent to) all other parties to the proceeding, on the date of filing, by the person filing them. A certificate of service shall be a part of each document and any copy or copies thereof tendered for filing, and shall certify concurrent service on the Board and the parties. A certificate of service shall be in substantially the following form:

I hereby certify that I have this day served the foregoing [specify document] on the following party's counsel or designated representatives [or party, if without counsel or representative], at the address indicated, by [specify the method of service (e.g., first-class mail, electronic mail, personal service, etc.)] [List names and addresses of all persons served] Dated at ___this__ day of_____ 20_ (Signature)_____ For (on behalf of)_____

(2) Service shall be made on the person designated in accordance with § 821.7(f) to receive service. If no such person has been designated, service shall be made directly on the party.

(b) Method of Service.

(1) Service of documents by any party on any other party shall be accomplished by any method prescribed in § 821.7(a)(3) for the filing of documents with the Board. A party may waive the applicability of this paragraph, and elect to be served with documents by the other parties to the proceeding solely by electronic mail, by filing a written document with the Board (with copies to the other parties) expressly stating such a preference.

(2) Notices of hearing, written initial decisions, law judges' appealable orders and Board orders on appeal shall be served by the Board on parties other than the Administrator by certified mail. Such documents may be served on the Administrator by first-class mail or facsimile. The Board may serve all other documents on the parties by first-class mail or facsimile.

(c) Where service shall be made. Except for electronic mail, personal service, parties shall be served at the address appearing in the official record, which the Board must receive under §§ 821.6(d) and 821.7(f). In the case of an agent designated by an air carrier under 49 U.S.C. 46103, service may be accomplished only at the agent's office or usual place of residence.

(d) Presumption of service. There shall be a presumption of lawful service:

(1) When receipt has been acknowledged by a person who customarily or in the ordinary course of business receives mail at the residence or principal place of business of the party or of the person designated under § 821.7(f);

(2) When a properly addressed envelope, sent to the most current address in the official record, by regular, registered or certified mail, has been returned as unclaimed or refused; or

(3) When a document is transmitted by facsimile or electronic mail and there is evidence to confirm its successful transmission to the intended recipient.

(e) Date of service. The date of service shall be determined in the same manner as the filing date is determined under § 821.7(a)(4).

[68 FR 22625, Apr. 29, 2003, as amended at 77 FR 63252, Oct. 16, 2012]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 49 - TRANSPORTATION

§ 1101 - Definitions

§ 1111 - General organization

§ 1112 - Special boards of inquiry on air transportation safety

§ 1113 - Administrative

§ 1114 - Disclosure, availability, and use of information

§ 1115 - Training

§ 1116 - Reports and studies

§ 1117 - Annual report

§ 1118 - Authorization of appropriations

§ 1119 - Accident and safety data classification and publication

§ 1131 - General authority

§ 1132 - Civil aircraft accident investigations

§ 1133 - Review of other agency action

§ 1134 - Inspections and autopsies

§ 1135 - Secretary of Transportation’s responses to safety recommendations

§ 1136 - Assistance to families of passengers involved in aircraft accidents

§ 1137 - Authority of the Inspector General

§ 1138 - Evaluation and audit of National Transportation Safety Board

§ 1139 - Assistance to families of passengers involved in rail passenger accidents

§ 1151 - Aviation enforcement

§ 1152 - Joinder and intervention in aviation proceedings

§ 1153 - Judicial review

§ 1154 - Discovery and use of cockpit and surface vehicle recordings and transcripts

§ 1155 - Aviation penalties

§ 44701 - General requirements

§ 44702 - Issuance of certificates

§ 44703 - Airman certificates

§ 44704 - Type certificates, production certificates, airworthiness certificates,,11 So in original. and design and production organization certificates

§ 44705 - Air carrier operating certificates

§ 44706 - Airport operating certificates

§ 44707 - Examining and rating air agencies

§ 44708 - Inspecting and rating air navigation facilities

§ 44709 - Amendments, modifications, suspensions, and revocations of certificates

§ 44710 - Revocations of airman certificates for controlled substance violations

§ 44711 - Prohibitions and exemption

§ 44712 - Emergency locator transmitters

§ 44713 - Inspection and maintenance

§ 44714 - Aviation fuel standards

§ 44715 - Controlling aircraft noise and sonic boom

§ 44716 - Collision avoidance systems

§ 44717 - Aging aircraft

§ 44718 - Structures interfering with air commerce

§ 44719 - Standards for navigational aids

§ 44720 - Meteorological services

§ 44721 - Aeronautical charts and related products and services

§ 44722 - Aircraft operations in winter conditions

§ 44723 - Annual report

§ 46301 - Civil penalties

Public Laws