(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 commission, 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-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 executive director of the commission at the ICN main office location as
listed in 751-subrule 1.6(1). All pleadings, motions, documents or other papers
that are required to be served upon a party shall be filed simultaneously with
the commission.
(4)
Filing-when made. Except where otherwise provided by law, a
document is deemed filed at the time it is delivered to the ICN main office
location as listed in 751-subrule 1.6(1), delivered to an established courier
service for immediate delivery to that office, or mailed by first-class mail or
state interoffice mail to that office, so long as there is proof of
mailing.
(5)
Proof of
mailing. Proof of mailing includes either: a legible United States
Postal Service 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 Iowa Telecommunications and Technology Commission at the ICN
main office location as listed in 751-subrule 1.6(1) 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)
