Jueng v. N.M. Dep’t of Labor, 121 N.M. 237, 240, 910 P.2d 313, 316 (1996) (internal ’ quotation marks and citations omitted). {9} The proper manner of service in this case is provided in NMSA 1978, § 38-1-17(A) & (H) (1970) and Rule 1-004(F)(3)(b) NMRA, which state that service on the State of New Mexico in any action in which a department is named a party is by “handing,” § 38-17-17(H), or “delivering,” Rule 1-004(F)(3)(b), the summons and complaint, or in this case the alternative writ and petition, to the head of the department and the attorney general. It is undisputed that there was no such service in this case, as Petitioner certified that she mailed the petition to the department head. See Wirtz v. State Educ. Ret. Bd., 1996-NMCA-085, ¶¶ 13-14, 122 N.M. 292, 923 P.2d 1177 (<HOLDING>). At the hearing, Trujillo informed the
holding that the statute is mandatory holding that when a statute and a guideline conflict the statute controls holding that under delawares longarm statute the act of mailing for purposes of subsection c3 is complete when the material is mailed even if the mailed material causes tortious injury within delaware holding that the language of the statute and the courts duty to apply the statute as written requires the court to interpret the statute to apply when the prisoner is sentenced without regard to the institution where the prisoner is incarcerated after the sentencing holding that mailing is insufficient when the statute requires delivery