WAC 182-526-0040 Service of documents on another party

WAC 182-526-0040 Service of documents on another party.

Effective September 26, 2021

  1. When the rules in this chapter or in other program rules or statutes require a party to serve copies of documents on other parties, the party must send copies of the documents to all other parties or their representatives.
  2. When sending documents to the office of administrative hearings (OAH) or the board of appeals (BOA), the party must file the documents at one of the locations listed in WAC 182-526-0025(2) for OAH or in WAC 182-526-0030 for BOA.
  3. When sending documents to the assigned OAH field office, the parties should use the address of the assigned OAH listed on the notice of hearing. If a field office has not been assigned, all written communication about the hearing must be sent to the OAH Olympia field office, which sends the communication to the correct office. Documents may be sent only as described in this section to accomplish service.
  4. Unless otherwise stated in law, a party may serve someone by:
    1. Personal service (hand delivery);
    2. First class, registered, or certified mail;
    3. Fax;
    4. Electronic service;
    5. Commercial delivery service; or
    6. Legal messenger service.
  5. A party must serve all other parties or their representatives whenever the party files a pleading, brief, or other document with the office of administrative hearings (OAH) or the board of appeals (BOA), or when required by law.
  6. Service is complete when:
    1. Personal service is made;
    2. Mail is properly stamped, addressed, and deposited in the United States mail;
    3. A fax produces proof of transmission;
    4. Electronic service is sent;
    5. A parcel is delivered to a commercial delivery service with charges prepaid; or
    6. A parcel is delivered to a legal messenger service with charges prepaid.
  7. A party may prove service by providing any of the following:
    1. A sworn statement;
    2. The certified mail receipt signed by the person who received the envelope;
    3. An affidavit or certificate or mailing;
    4. A signed receipt from the person who accepted the commercial delivery service or legal messenger service package; or
    5. Proof of fax or electronic service transmission.
  8. The OAH or BOA may serve documents, by email only if the other parties have agreed to accept electronically served documents.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.