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 shall 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 shall 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 shall also be served on the
			 administrative law judge.
(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 board. All pleadings, motions, documents or other papers that are required
			 to be served upon a party shall 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 e-mail 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 shall 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 e-mail 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 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 board and other parties,
			 and shall specify the e-mail 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.