(1) Except as
otherwise provided by statute or by division rule, any payment, appeal,
application, request, notice, objection, petition, report or other information
or document submitted to the division will be considered received by and filed
with the division:
a. If transmitted via the
United States Postal Service on the date it is mailed as shown by the postmark,
or in the absence of a postmark the postage meter mark of the envelope in which
it is received; or if not postmarked or postage meter marked or if the mark is
illegible, on the date entered on the document as the date of
completion.
b. If transmitted via
the State Identification Data Exchange System (SIDES), maintained by the United
States Department of Labor, on the date it was submitted to SIDES.
c. If transmitted by any means other than
those outlined in paragraphs 24.27(1)"a" and
"b," on the date it is received by the division.
(2) The submission of any payment,
appeal, application, request, notice, objection, petition, report or other
information or document not within the specified statutory or regulatory period
will be considered timely if it is established to the satisfaction of the
division that the delay in submission was due to division error or
misinformation or to delay or other action of the United States postal service.
a. For submission that is not within the
statutory or regulatory period to be considered timely, the interested party
must submit a written explanation setting forth the circumstances of the
delay.
b. The division will
designate personnel who are to decide whether an extension of time will be
granted.
c. No submission will be
considered timely if the delay in filing was unreasonable, as determined by the
division after considering the circumstances in the case.
d. If submission is not considered timely,
although the interested party contends that the delay was due to division error
or misinformation or delay or other action of the United States postal service,
the division will issue an appealable decision to the interested
party.
(3) Delivery by
mail. Any notice, report form, determination, decision, or other document
mailed by the division will be considered as having been given to the addressee
to whom it is directed on the date it is mailed to the addressee's last-known
address. The date mailed is presumed to be the date of the document, unless
otherwise indicated by the facts.
(4) Electronic delivery. Any notice, report
form,
determination, decision, or other document sent by the division via the
U.S.
Department of Labor state information data exchange system is considered
as having been given to the party to whom it is directed on the date it is
submitted on the system. The date submitted is presumed to be the date of the
document, unless otherwise indicated by the facts.
This rule is intended to implement Iowa Code section
96.7.
Notes
Iowa Admin. Code
r. 871-24.27
Amended by
IAB
August 2, 2017/Volume XL, Number 3, effective
9/6/2017
Adopted by
IAB
January 8, 2025/Volume XLVII, Number 14, effective
2/12/2025
