(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 advocate or
prosecutor for the state or the office, simultaneously with their filing.
Except for the original notice of hearing 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.
(2)
Service -
to whom and how made. Service upon a
party represented in the
contested case proceeding by an attorney shall be made
upon the attorney unless otherwise ordered. Service may be made in the
following ways:
a. Service may be 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.
b. 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 office and other parties,
and shall specify the e-mail address for such service. Service by electronic
transmission is complete upon transmission unless the office or party making
service learns the attempted service did not reach the party to be
served.
(3)
Filing -
when required.
a. After a matter has been assigned to the
division, and until a proposed decision is issued, all pleadings, motions,
documents or other papers in a contested case proceeding shall be filed with
the division, rather than the office. All pleadings, motions, documents or
other papers filed after the notice is issued that are required to be served
upon a party shall be filed simultaneously with the division.
b. After the notice of hearing, when a matter
has not been assigned to the division for hearing, all pleadings, motions,
documents or other papers in a contested case proceeding shall be filed with
the Office of the Chief Information Officer, Hoover State Office Building,
Level B, 1305 East Walnut Street, Des Moines, Iowa 50319. All pleadings,
motions, documents or other papers that are required to be served upon a party
shall be filed simultaneously with the office.
(4)
Filing -
how and
when made.
a. Except where otherwise
provided by law, a document is deemed filed at the time it is:
(1) Delivered to the division pursuant to
paragraph 6.14(3)"a" or to the office pursuant to paragraph
6.14(3)"b," and date-stamped received;
(2) Delivered to an established courier
service for immediate delivery to the proper entity;
(3) Mailed by first-class mail or by state
interoffice mail to the proper entity, so long as there is adequate proof of
mailing; or
(4) Transmitted by
electronic mail (e-mail) or by other electronic means to the proper entity as
provided in paragraph 6.14(4)"Zj. "
b. All documents filed with the division or
the office pursuant to these rules, except a person's request or demand for a
contested case proceeding (see Iowa Code section
17A.12(9)), may be filed by e-mail or other electronic means as approved by the division
or the office, whichever is appropriate. A document filed by e-mail or other
approved electronic means is presumed to be an accurate reproduction of the
original. If a document filed by e-mail or other approved electronic means is
illegible, a legible copy may be substituted and the date of filing shall be
the date the illegible copy was received. The date of filing by e-mail or other
approved electronic means shall be the date the document is received by the
division or the office. Neither the division nor the office will 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:
a. A legible United
States Postal Service postmark on the envelope;
b. A certificate of service;
c. A notarized affidavit; or
d. A certification in substantially the
following form(s):
(1) After a matter has
been assigned to the
division for hearing, the certification shall take 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 Department of Inspections and Appeals, Administrative Hearings
Division, Wallace State Office Building, Third Floor, 502 East Ninth Street,
Des Moines, Iowa 50319, 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).
_________ ___________
(SIGNATURE) (DATE)
(2) When a matter has not been assigned to
the
division for hearing, the certification shall take 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 Office of the Chief Information Officer, Hoover State Office
Building, Level B, 1305 East Walnut Street, Des Moines, Iowa 50319, 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).
__________ _________
(SIGNATURE) (DATE)
