4105. SERVICE

4105 SERVICE 4105.1 A notice, order, decision, or pleading (“paper”) required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record. 4105.2 Service of a paper described in § 4105.1 shall be made by one of the following methods: (a) By personal delivery on the party, representative, or counsel wherever the party, representative, or counsel may be; (b) If the address of record of the party or the address of a representative or counsel is a place of business, by leaving it at such place of business with a person in charge or an employee of the business with suitable discretion and responsibility; (c) If the address of record of the party or the address of a representative or counsel is a residence, by leaving it at such residence with a person of suitable discretion sixteen (16) years of age or older residing there; (d) By Priority Mail, Priority Mail Express, or First Class Mail through the United States Postal Service (USPS) to the address of record of the party or the address of a representative or counsel; provided, that First Class Mail must be sent as Certified Mail or Registered Mail or with a return receipt requested; (e) By a commercial carrier for delivery within three (3) calendar days to the address of record of the party or the address of a representative or counsel with the cost of delivery prepaid and delivery signature required; (f) By a commercial carrier for delivery within three (3) calendar days to the address of record of the party or the address of a representative or counsel with the cost of delivery prepaid and without a delivery signature required if delivery pursuant to paragraph (e) of this subsection was previously attempted but was unsuccessful due to the inability of the commercial carrier to obtain a delivery signature; (g) By email to the email address of record of the party or the address of a representative or counsel if service by email is authorized by § 4105.5; provided, that a summary action under § 4118 may not be served by email; or (h) In conformity with an order of a board issued in any hearing. 4105.3 Proof of service made pursuant to § 4105.2 may be shown by one of the following methods: (a) Written acknowledgment by the party, representative, or counsel on whom service was made stating the name and address or location of the person on whom service was made and the manner and date of service if service is made in accordance with § 4105.2(a); (b) Written acknowledgment by the person in charge, employee, or person of suitable discretion sixteen (16) years of age or older with whom the paper was left stating the name and address of the person with whom the paper was left and the manner and date of service if service is made in accordance with § 4105.2(b) or (c); (c) A certificate of service executed by the individual serving the paper that states the name of the party, representative, or counsel served, the address or location at which service was made, and the manner and date of service, if service was made pursuant to § 4105.2(a), (b), or (c); (d) A return receipt, delivery confirmation, or tracking information indicating delivery provided by USPS if service is made by one of the means listed in § 4105.2(d); (e) A USPS notice that an item has been returned unclaimed, if delivery was attempted by one of the means listed in § 4105.2(d); provided, that if a forwarding address for the party, representative, or counsel is provided by USPS with the notice, proof of service shall not have been deemed to have been shown; (f) A delivery signature confirmation provided by a commercial carrier if service is made in accordance with § 4105.2(e); (g) A delivery confirmation from the commercial carrier, if service is made in accordance with § 4105.2(f); (h) Email system record showing delivery tracking or read receipt indicating that the email has been delivered or read or a response from the recipient if service is made by email in accordance with § 4105.2(g); provided, that service by email shall be deemed not to have been made if the email system receives a reply that the email could not be delivered; and (i) Proof appropriate to the means of service, if service is made in conformity with an order of a board issued in any hearing pursuant to § 4105.2(h). 4105.4 The time or date of service made pursuant to § 4105.2 shall be deemed to be as follows: (a) If service is by personal delivery in accordance with § 4105.2(a), service shall be deemed to have been made at the time when delivery is made to the party or other person served. (b) If service is made in accordance with § 4105.2(b) or (c), service shall be deemed to have been made at the time the paper is left with the person in charge, employee, or person of suitable discretion sixteen (16) years of age or older; (c) If service is made in accordance with § 4105.2(d), service shall be deemed to have been made on the date of delivery shown on the return receipt, delivery confirmation, or tracking information, or on the date the mail was returned unclaimed; (d) If service is made by a commercial carrier in accordance with § 4105.2(e), service shall be deemed to have been made on the date shown on the delivery signature confirmation; (e) If service is made by a commercial carrier in accordance with § 4105.2(f), service shall be deemed to have been made on the date shown on the delivery confirmation; (f) If service is made by email in accordance with § 4105.2(h), service shall be deemed to have been made on the date shown by delivery tracking or read receipt that the email has been delivered or read or on the date the recipient responded to the email; and (g) If service is made in conformity with an order of a board issued in any hearing as provided in § 4105.2(h), service shall be deemed to have been made at the date or time indicated in this section for the type of service through which service was made. If the board orders a different type of service, in accordance with the order, the date and time shall be consistent with the type of service ordered. 4105.5 The following requirements apply to service by email: (a) Email service may be made on an attorney representing a party at the attorney’s business email address without the need for the party’s consent to such service by email; (b) If a party is not represented by counsel, the party may consent to service by email at the email address of record or email address provided by the party; provided, that a party may subsequently withdraw their consent. Both consent and withdrawal of that consent shall be in writing. 4105.6 A party’s actual receipt of a paper shall bar any claim by the party of defective service except for a claim of late service. SOURCE: Final Rulemaking published at 34 DCR 5872 (September 11, 1987); as amended by Final Rulemaking published at 73 DCR 010853 (July 31, 2026). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 4105