Section 100.10  Service

a)         Notices under Section 100.7(a) shall be served either personally or by certified mail upon all parties (including complainants under the NHCA, where applicable) or their agents appointed to receive service of process unless the applicable licensing statute requires a different form of service, in which case service shall conform to the statute.

b)         Service to the last official address of a party or agent provided to the Department by a party shall be considered in compliance with this Section. Notices sent by certified mail which have been returned to the Department as unclaimed or refused by the addressee shall be considered served.  For purposes of this Section, the "last official address" shall be:  the address listed on the most recent application submitted to the Department, unless the Department has been subsequently notified in writing of a change of address.  For certified nursing assistants and habilitation aides, the "most recent application" shall be the information submitted by the training program or testing entity which qualified the individual to be entered on the registry.

c)         Service of pleadings or motions under this Section, unless otherwise provided for in this Section, shall be made by delivering in person or by depositing in the United States Mail, properly addressed with postage prepaid, one copy to each party to the proceedings.  When any party or parties have appeared by attorney, service upon the attorney shall be deemed service upon such party or parties.  All pleading or motions under this Section shall also be served upon the administrative law judge.

d)         Proof of service under subsection (b) of this Section shall be by certificate of attorney, affidavit or acknowledgment.

(Source:  Amended at 21 Ill. Reg. 3208, effective March 3, 1997)