Iowa Administrative Code › Agency 191 - Insurance Division › Organization and Procedures › Chapter 3 - Contested Cases › Rule 191-3.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Required service.
Every pleading, motion, document, or other
				paper that is filed in a contested case proceeding and every discovery request
				or response 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 division, no later than the time of filing, if filing is
				required. Except for 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)
Methods of service.
Service upon a party represented by an attorney shall be made upon the attorney
				of record unless otherwise ordered. Service is made by delivering or mailing a
				copy to the attorney at the attorney's last-known mailing address. Service upon
				an unrepresented party shall be made by delivering or mailing a copy to the
				party's last-known mailing address. Service by mail is complete upon mailing,
				except where otherwise specifically provided by statute, rule, or order.
				Service may also be made upon a party or attorney by email if the party or
				attorney consents in writing to be served in that manner in that case. The
				party or attorney may consent by providing an email address for service to the
				other party or by filing a document with the division by email as specified in
				subrule 3.12(4). The consent may be withdrawn by written notice served on all
				other parties or attorneys. Service by electronic means is complete upon
				transmission to the provided email address unless the party making service
				received an electronic rejection or delivery failure.
(3)
Required filing.
After
				the notice of hearing, all pleadings, motions, and notices of discovery in a
				contested case proceeding shall be filed with the division's designated filing
				clerk. If a contested case is assigned to an administrative law judge with the
				department of inspections, appeals, and licensing, filing shall be conducted in
				accordance with the rules of the department of inspections, appeals, and
				licensing, unless ordered otherwise.
(4)
Methods of filing.
Except where otherwise provided by law, a document is deemed filed at the time
				it is hand-delivered to the division at the address disclosed in rule
				191-1.4 (502,505) during normal
				business hours, delivered to an established courier service for immediate
				delivery to that office during normal business hours, mailed by first-class
				mail or state interoffice mail to that office so long as there is proof of
				mailing, or emailed to the designated filing clerk at
enforcement.filings@iid.iowa.gov
.
(5)
Proof of mailing and
				emailing.
Proof of mailing and emailing 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
				  Insurance Division at the address disclosed in
				  191-1.4 (502,505) 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). I emailed copies of (describe document) addressed to
				  the Insurance Division at the email address disclosed in subrule 3.12(4) and to
				  the names and email addresses of the parties listed below by transmitting the
				  same from (sending email address).
(Date) (Signature)