(a) Service of a NOVA (§ 904.101), NOPS (§ 904.302), NIDP (§ 904.303), Notice of Proposed Forfeiture (§ 904.504), Notice of Seizure (§ 904.501), Notice of Summary Sale (§ 904.505), Written Warning (§ 904.402), or Initial Decision (§ 904.271) may be made by certified mail (return receipt requested), electronic transmission, or third party commercial carrier to an addressee's last known address or by personal delivery. Service of a notice under this subpart will be considered effective upon receipt.
(b) Service of documents and papers, other than those described in paragraph (a) of this section, may be made by first class mail (postage prepaid), electronic transmission, or third party commercial carrier, to an addressee's last known address or by personal delivery. Service of documents and papers will be considered effective upon the date of postmark (or as otherwise shown for government-franked mail), delivery to third party commercial carrier, electronic transmission, or upon personal delivery.
(c) Whenever this part requires service of a document or other paper referred to in paragraph (a) or (b) of this section, such service may effectively be made on the agent for service of process, on the attorney for the person to be served, or other representative. Refusal by the person to be served (including an agent, attorney, or representative) of service of a document or other paper will be considered effective service of the document or other paper as of the date of such refusal. In cases where a document or paper described in paragraph (a) of this section is returned unclaimed, service will be considered effective if the U.S. Postal Service provides an affidavit stating that the party was receiving mail at the same address during the period when certified service was attempted.
(d) Any documents and other papers filed or served must be signed:
(1) By the person or persons filing the same;
(2) By an officer thereof if a corporation;
(3) By an officer or authorized employee if a government instrumentality; or
(4) By an attorney or other person having authority to sign.
[87 FR 38936, June 30, 2022]
Notes of Decisions
Gonzalez v. United States Dep't of Com. Nat'l Oceanic & Atmospheric Admin., 632 F. Supp. 2d 642 (S.D. Tex. 2009).
· cites it 4× “According to Plaintiffs, “[t]he record is devoid of any showing that the respondent’s registered agent for service of process or an attorney or ‘other representative’ as provided under 15 C.F.R. § 904.3 (a), was ever served with the NOVA to satisfy due process concerns.”
Gonzalez v. Us Dept. of Com. Nat. Oceanic, 632 F. Supp. 2d 642 (S.D. Tex. 2009).
· cites it 4× “According to Plaintiffs, "[t]he record is devoid of any showing that the respondent's registered agent for service of process or an attorney or `other representative' as provided under 15 C.F.R. § 904.3 (a), was ever served with the NOVA to satisfy due process concerns.”
United States v. Nguyen, 847 F. Supp. 496 (S.D. Miss. 1994).
“15 C.F.R. Section 904.3(e). If a respondent fails to request permission during this 10-day window of opportunity, the NOVA becomes the final administrative decision and order of NOAA, and the penalties assessed therein become due and owing 30 days after receipt of the NOVA.”
— 15 C.F.R. § 904.3(c) — 2 cases
Gonzalez v. United States Dep't of Com. Nat'l Oceanic & Atmospheric Admin., 632 F. Supp. 2d 642 (S.D. Tex. 2009).
“According to Plaintiffs, “[t]he record is devoid of any showing that the respondent’s registered agent for service of process or an attorney or ‘other representative’ as provided under 15 C.F.R. § 904.3 (a), was ever served with the NOVA to satisfy due process concerns.”
Gonzalez v. Us Dept. of Com. Nat. Oceanic, 632 F. Supp. 2d 642 (S.D. Tex. 2009).
“According to Plaintiffs, "[t]he record is devoid of any showing that the respondent's registered agent for service of process or an attorney or `other representative' as provided under 15 C.F.R. § 904.3 (a), was ever served with the NOVA to satisfy due process concerns.”
— 15 C.F.R. § 904.3(e) — 1 case
United States v. Nguyen, 847 F. Supp. 496 (S.D. Miss. 1994).
“15 C.F.R. Section 904.3(e). If a respondent fails to request permission during this 10-day window of opportunity, the NOVA becomes the final administrative decision and order of NOAA, and the penalties assessed therein become due and owing 30 days after receipt of the NOVA.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.