(a) Copies of all documents filed in any proceeding described in this
part and copies of all notices pertinent to such proceeding shall be served
by the filing party on all other persons made parties to the proceeding under
§44.3. If a request for hearing has been filed by any party, a copy of all
subsequent documents filed shall be served upon the Mine Safety and Health
Administration through its representative, the Office of the Solicitor,
Department of Labor.
(b) All documents filed subsequent to a petition for modification may
be served personally or by first class mail to the last known address of the
party. Service may also be completed by telecopier or other electronic
(c) Whenever a party is represented by an attorney who has signed any
document filed on behalf of such party or otherwise entered an appearance on
behalf of such party, service thereafter shall be made upon the attorney.
(d) Any party filing a petition for modification under these rules
shall file proof of service in the form of a return receipt where service is
by registered or certified mail or an acknowledgment by the party served or a
verified return where service is made personally. A certificate of service
shall accompany all other documents filed by a party under these rules.
(e) Service by mail shall be complete upon mailing. Service by
telecopier or other electronic means shall be complete upon receipt.
(f) Whenever a party has the right to do some act within a prescribed
period after the service of a document or other material upon the party and
the document or other material is served upon the party by mail, 5 days shall
be added to the prescribed period: Provided, that specific
provisions may, for good cause, be made otherwise by an order of an
administrative law judge or the Assistant Secretary in a particular
proceeding pending before that person.
[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]