Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1118 (February 27, 2021).

58 Pa. Code § 491a.5. Service.

§ 491a.5. Service.

 (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).

Authority

   The provisions of this §  491a.5 amended under 4 Pa.C.S. § §  1202(b)(30) and 1207(2) and (9).

Source

   The provisions of this §  491a.5 corrected January 8, 2010, effective September 5, 2009, 40 Pa.B. 254; amended February 1, 2013, effective February 2, 2013, 43 Pa.B. 660. Immediately preceding text appears at serial pages (347509) to (347510).

Cross References

   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).



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