(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 department, 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 Office of the Commissioner, Department of Public Safety, State Public
Safety Headquarters Building, 215 East 7th 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 department.
(4)
Filing-when made. Except
where otherwise provided by law, a document is deemed filed at the time it is
delivered to the Office of the Commissioner, Department of Public Safety, State
Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
50319, 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:
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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 Commissioner, Department of Public
Safety, State Public Safety Headquarters Building, 215 East 7th 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).
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(Date)
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(Signature)
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