Sec. 14.32.02.12. Service of Pleadings and Other Papers  


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  • A. Service-Upon Whom Made. When service is required to be made upon a party, service shall be as follows:

    (1) Upon the State by serving the Secretary or agency head for the agency or department named in the complaint, and the Secretary of the Department of Budget and Management; or

    (2) Upon an employee organization, by service upon the exclusive representative designee or, if no one is so designated, by service upon the president, vice-president, secretary, secretary-treasurer, or executive director of the employee organization.

    B. Service-How Made. Except as provided in Regulation .11C of this chapter and COMAR 14.32.03.02B and 14.32.03.03D, when this subtitle requires service upon any individual or party, the service shall be sufficient if made by regular or electronic mail.

    C. Proof of Service.

    (1) When under this subtitle service is required to be made, the form, document, pleading, or paper shall be filed with the Executive Director and shall contain or be accompanied by a certificate of service.

    (2) The certificate of service shall be signed and shall contain the:

    (a) Date of service;

    (b) Manner of service;

    (c) Name of each individual served; and

    (d) Address at which each individual was served.

    D. Service Computation.

    (1) Mail Service. Whenever a period of time is measured from the service of a form, document, pleading, or paper, and service is by mail, 3 days shall be added to the prescribed period.

    (2) Fax or Electronic Mail Service. Whenever a period of time is measured from the service of a form, document, pleading, or paper, and service is by fax or electronic mail, service shall be deemed made on the date o f the fax or electronic mailing unless the individual or party receiving the service presents proof that actual service was received at a later time but not later than 3 days from the date of the fax or electronic mailing.