[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1005.11]



[Page 1200-1201]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.11  Form, filing and service of papers.



    (a) Forms. (1) Unless the ALJ directs the parties to do otherwise, 

documents filed with the ALJ will include an original and two copies.

    (2) Every pleading and paper filed in the proceeding will contain a 

caption setting forth the title of the action, the case number, and a 

designation of the paper, such as motion to quash subpoena.

    (3) Every pleading and paper will be signed by, and will contain the 

address and telephone number of the party or the person on whose behalf 

the paper was filed, or his or her representative.

    (4) Papers are considered filed when they are mailed.

    (b) Service. A party filing a document with the ALJ or the Secretary 

will, at the time of filing, serve a copy of such document on every 

other party. Service upon any party of any document will be made by 

delivering a copy, or



[[Page 1201]]



placing a copy of the document in the United States mail, postage 

prepaid and addressed, or with a private delivery service, to the 

party's last known address. When a party is represented by an attorney, 

service will be made upon such attorney in lieu of the party.

    (c) Proof of service. A certificate of the individual serving the 

document by personal delivery or by mail, setting forth the manner of 

service, will be proof of service.