(1) The Petitioner must effectuate service on the Carrier and on all affected parties by serving a copy of the Petition Form, and all supporting documentation submitted to the Department, by United States Postal Service (USPS) certified mail on the specific entity identified on the Notice of Disallowance or Adjustment as the entity the Carrier designates to receive service of the Petition Form and all supporting documentation on behalf of the Carrier and all affected parties. If the Notice of Disallowance or Adjustment does not specifically identify the name and mailing address of the entity the Carrier designates to receive service on behalf of the Carrier and all affected parties, as required by subsection 69L-7.740(14), F.A.C., the Petitioner may effectuate service of the Petition Form upon the Carrier and all affected parties by serving a copy of the Petition Form and copies of all documents and records in support of the Petition Form by United States Postal Service (USPS) certified mail upon the entity who issued the Notice of Disallowance or Adjustment. Service by delivery other than USPS certified mail or service by common carrier does not constitute service by USPS certified mail, as required by Section 440.13(7)(a), F.S., even if the Carrier’s delivery and receipt of the documents are confirmed.
    (2) If a Carrier has not been properly served in accordance with this rule, the Petitioner will be notified by the Department of the deficiency in service. The Petitioner will have twenty (20) calendar days from receipt of the notice of deficiency in service to provide the Department with proof the deficiency in service identified in the notice of deficiency has been cured by proper service. If the Department does not receive proof of proper service within twenty (20) calendar days after Petitioner’s receipt of the notice of deficiency, the petition will be dismissed with prejudice. For purposes of this rule, “”proof of proper service”” means that a copy of the Petition Form, and one copy set of all documents and records in support of the petition have been delivered by USPS certified mail to the proper entity at the proper address as set forth in this rule, and a certified mail receipt number is provided to the Department to confirm service.
Rulemaking Authority 440.13(7)(e), 440.591 FS. Law Implemented 440.13(7), (11) FS. History-New 11-28-06, Formerly 59A-31.007, Amended 8-2-21.