Iowa Administrative Code › Agency 187 - Banking Division › Chapter 11 - Contested Cases › Rule 187-11.12 - 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 advocate or prosecutor for the state or the division,
			 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
			 Division of Banking, Attn: Superintendent, 200 East Grand Avenue, Suite 300,
			 Des Moines, Iowa 50309-1827. All pleadings, motions, documents or other papers
			 that are required to be served upon a party shall be filed simultaneously with
			 the division of banking.
(4)
Filing
-
how and when made.
Except where
			 otherwise provided by law, a document is deemed filed at the time it is
			 delivered to the division of banking, delivered to an established courier
			 service for immediate delivery to that office, mailed by first-class mail or
			 state interoffice mail to that office so long as there is proof of mailing, or
			 delivered by electronic transmission to the email address specified in the
			 notice of hearing. Filing by electronic transmission is complete upon
			 transmission unless the party making the filing learns the attempted filing did
			 not reach the division. The division will not provide a mailed file-stamped
			 copy of documents that are filed by email or other approved electronic
			 means.
(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 Division of Banking, Attn: Superintendent, 200 East Grand
				Avenue, Suite 300, Des Moines, Iowa 50309-1827 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 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 counsel shall be in writing, may be
			 accomplished through electronic transmission to the board and other parties,
			 and shall specify the email address for such service. Service by electronic
			 transmission is complete upon transmission unless the board or party making
			 service learns the attempted service did not reach the party to be
			 served.