Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.17 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(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 will 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 will 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 will also be served on the
			 administrative law judge.
(2)
Service-how made.
Service upon a party represented by an
			 attorney will 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 will be filed with the board. All pleadings,
			 motions, documents or other papers that are required to be served upon a party
			 will 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 email
			 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 will 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 email 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 email or similar electronic means,
			 unless precluded by a provision of law. In the absence of such an order or
			 consent, electronic transmission will 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 will be in writing, may be
			 accomplished through electronic transmission to the board and other parties,
			 and will specify the email 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.