(a)
Applicability. This section applies to service of an order,
notice or other document from the OHA or the Office of Enforcement
Counsel.
(b)
Service of a
document initiating a proceeding.
(1)
Registered or certified
mail. Service may be made by both first class and registered or
certified mail, return receipt requested.
(2)
Personal. Service may be
made personally by delivering a copy:
(i)
Directly to the person named in the notice, pleading or order.
(ii) At the residence of the person named in
the notice, pleading or order, to an adult member of the family with whom the
person named resides. If no adult member of the family is found, then to an
adult person in charge of the residence.
(iii) At the residence of the person named in
the notice, pleading or order, to the clerk or manager of the hotel, inn,
apartment house, boarding house or other place of lodging at which the person
named resides.
(iv) At any office
or usual place of business of the person named in the notice, pleading or
order, to his agent or to the person who for the time being is in charge
thereof. For purposes of this subsection, the phrase "any office or usual place
of business of the person named in the notice, pleading or order" will include
the following locations:
(A) The licensed
facility at which the person named is employed, licensed in connection
therewith, or routinely performs his duties of employment.
(B) The office of the agent identified by the
person named to receive service of process.
(c)
Proof of
service. Proof of service shall be evidenced by a return of service
filed with the Clerk.
(d)
Subsequent service. Service of any document made subsequent to
the initial filing in a proceeding may be made by first class mail at the last
known address of record of the person named in the notice, pleading or
order.
(e)
Change of
address. It is the duty of a party to apprise the Clerk of changes to
the party's current address.
(f)
Supersession. Subsections (a)-(c) supersede 1 Pa. Code
§
33.31 (relating to service by the agency).
Notes
The
provisions of this § 491a.5 corrected January 8, 2010, effective
9/5/2009, 40 Pa.B. 254; amended
February 1, 2013, effective 2/2/2013, 43 Pa.B.
660.
The provisions of this § 491a.5 amended under
4
Pa.C.S. §§
1202(b)(30) and
1207(2) and
(9).
This section cited in 58 Pa. Code §
403a.7 (relating to temporary
emergency orders); 58 Pa. Code §
405a.6 (relating to enforcement
action); 58 Pa. Code §
493a.2 (relating to complaints);
and 58 Pa. Code §
493a.8 (relating to motions
generally); 58 Pa. Code §
494a.4 (relating to report or
report and recommendation of the presiding
officer).
