Section 8.45.060. Service.

	(a)  The board will serve a copy of the claim by certified mail, return receipt requested, upon each party or the party's representative of record.  
	(b)  A party may file a document with the board, other than the annual report under AS 23.30.155(m), personally, by mail, or by electronic filing through facsimile transmission or electronic mail in compliance with Department of Labor and Workforce Development Commissioner's Order No. 001, dated April 23, 2015. Except for a claim, a party shall serve a copy of a document filed with the board upon all parties or, if a party is represented, upon the party's representative. Service must be done personally, by facsimile, by electronic mail, or by mail, in accordance with due process. Service by mail is complete at the time of deposit in the mail if mailed with sufficient postage and properly addressed to the party at the party's last known address. If a right may be exercised or an act is to be done, three days must be added to the prescribed period when a document is served by mail.  
	(c)  A party shall file proof of service with the board. Proof of service may be made by  
		(1) affidavit of service; if service was electronic or by facsimile, the affidavit must verify successfully sending the document to the party;  
		(2) written statement, signed by the person making the statement upon the document served, together with proof of successfully sending the document to the party if served by facsimile or electronically; or  
		(3) letter of transmittal if served by mail.  
	(d)  A proof of service must set out the names of the persons served, method and date of service, place of personal service or the address to which it was mailed or sent by facsimile or electronically, and verification of successful sending if required. The board will, in its discretion, refuse to consider a document when proof of its service does not conform to the requirements of this subsection.  
	(e)  Upon its own motion or after receipt of an affidavit of readiness for hearing, the board will serve notice of time and place of hearing upon all parties at least 10 days before the date of the hearing unless a shorter time is agreed to by all parties or written notice is waived by the parties.  
	(f)  Immediately upon a change of address for service, a party or a party's representative must file with the board and serve on the opposing party a written notice of the change. Until a party or the board receives written notice of a change of address, documents must be served upon a party at the party's last known address.  
	(g)  If after due diligence, service cannot be done personally, electronically, by facsimile, or by mail, the board will, in its discretion, find a party has been served if service was done by a method or procedure allowed by the Alaska Rules of Civil Procedure.  

Authorities

23.05.055;23.30.005;23.30.110;23.30.135

Notes

Reference

8 AAC 45.040
8 AAC 45.070
8 AAC 45.150
8 AAC 45.182
8 AAC 45.186
8 AAC 45.510

Authority

AS 23.05.055 AS 23.30.005 AS 23.30.110 AS 23.30.135 Editor's note: Department of Labor and Workforce Development Commissioner's Order No. 001 may be found at http://labor.alaska.gov/wc/regs/dolwd =hrz commissioners =hrz order =hrz 001.pdf. The address for filing by electronic mail is [e-mail]. For filing in person, by mail, and by facsimile the addresses and facsimile numbers for the respective division offices are as follows: Juneau Office, mailing address: P. O. Box 115512, Juneau AK 99811-5512, physical address: 1111 W. 8th Street, Rm 305, Juneau, AK 99801, Fax: [phone]; Anchorage Office, 3301 Eagle Street, Suite 304, Anchorage, AK 99503, Fax [phone]; Fairbanks Office, 675 Seventh Avenue, Station K, Fairbanks, AK 99701-4531, Fax: [phone].

History

In effect before 7/28/59; am 5/28/83, Register 86; am 3/16/90, Register 113; am 7/20/97, Register 143; am 7/2/98, Register 146; am 4/9/2016, Register 218