Section 395.301  Service of Documents

All Initial Pleadings and all documents in connection with any hearing before the Board under this Subpart shall be served by the party filing the document on the Board, the Approving Authority, the Affordable Housing Developer and all other parties to the proceedings.  Service of any document upon any party may be made personally, by certified or registered mail with return receipt signed by the person or their registered agent, or by private delivery service.  If service is made by United States mail, service shall be presumed complete 3 days after mailing, if proof of service shows the document was properly addressed.  This presumption may be overcome by the addressee with evidence establishing that the document was not delivered or delivered at a later date.  A party's failure to accept or claim a document served by mail shall not be grounds for overcoming the presumption.  Proof of service shall be made by affidavit of the person making personal service that includes the name and address of the party served and the date and manner of service, or by a properly executed registered or certified mail receipt.