Iowa Admin. Code r. 193-7.17 - [Effective until 8/14/2024] Service and filing of pleadings and other papers
(1)
When
service required. Except where otherwise provided by law, every
pleading, motion, document, or other paper filed in a contested case proceeding
and every paper relating to discovery in such a proceeding shall be served upon
each of the parties of record to the proceeding, including the person
designated as prosecutor for the state, simultaneously with their filing.
Except for the original notice of hearing and statement of charges, and an
application for rehearing as provided in Iowa Code section 17A. 16(2), the
party filing a document is responsible for service on all parties. A notice of
hearing and statement of charges shall be served by the board as provided in
subrule 7.6(2). Once a specific administrative law judge has been assigned to a
case, copies of all prehearing motions shall also be served on the
administrative law judge.
(2)
Service -how made. Service upon a party
represented by an attorney shall be made upon the attorney unless otherwise
ordered. Service is made by delivery or by mailing a copy to the person's
last-known address. Service by mail is complete upon mailing, except where
otherwise specifically provided by statute, rule, or order.
(3)
Filing -when
required. After the notice of hearing, all pleadings, motions,
documents or other papers in a contested case proceeding shall be filed with
the board. All pleadings, motions, documents or other papers that are required
to be served upon a party shall be filed simultaneously with the
board.
(4)
Filing
-how and when made. Except where otherwise provided by law, a
document is deemed filed at the time it is received by the board. Parties may
file documents with the board by hand delivery or mail or by electronic
transmission to the e-mail address specified in the notice of hearing. If a
document required to be filed within a prescribed period or on or before a
particular date is received by the board after such period or such date, the
document shall be deemed filed on the date it is mailed by first-class mail or
state interoffice mail, so long as there is proof of mailing. Filing by
electronic transmission is complete upon transmission unless the party making
the filing learns that the attempted filing did not reach the board. The board
will not provide a mailed file-stamped copy of documents filed by e-mail or
other approved electronic means.
(5)
Proof of mailing. Proof
of mailing includes either a legible United States Postal Service nonmetered
postmark on the envelope, a certificate of service, a notarized affidavit, or a
certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the (insert board title) and to the names and addresses of the parties listed below by depositing the same in (a United States post office mailbox with correct postage properly affixed or state interoffice mail).
________________________ _______________________
(Date) (Signature)
(6)
Electronic service. The
presiding officer may by order or a party or a party's attorney may by consent
permit service of particular documents by e-mail or similar electronic means,
unless precluded by a provision of law. In the absence of such an order or
consent, electronic transmission shall not satisfy service requirements, but
may be used to supplement service when rapid notice is desirable. Consent to
electronic service by a party or a party's attorney shall be in writing, may be
accomplished through electronic transmission to the board and other parties,
and shall specify the e-mail address for such service. Service by electronic
transmission is complete upon transmission unless the board or party making
service learns that the attempted service did not reach the party to be
served.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.