Ask X3What does 49 CFR 40.413 (How are notices sent to service agents?) require?
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According to 49 CFR 40.413, the Department of Transportation (DOT) sends notices (such as correction notices, proposed exclusions, and decisions) to service agents using specific delivery methods and rules:
* Who DOT can send notices to: DOT may send the notice to you, your identified counsel, your agent for service of process, or any of your partners, officers, directors, owners, or joint venturers.
* Where notices are sent: Notices are sent to the last known street address, fax number, or e-mail address. DOT considers the notice officially received by you if it is sent to any of the individuals listed above.
* When notices are considered received:
* Mail: Considered received when delivered to your last known street address, or five days after sending if the letter is undeliverable.
* Fax: Considered received when sent, or five days after sending if the fax is undeliverable.
* E-mail: Considered received when delivered, or five days after sending if the e-mail is undeliverable.