Iowa Admin. Code r. 641-33.14

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 641-33.14 - Service and filing

(1)Service-when required. Except where otherwise provided by law, every document filed in a contested case 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 its filing. Except for the original statement of charges and 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 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 completed upon mailing, except where otherwise specifically provided by statute, rule, or order.

(3)Filing-when required. After the statement of charges and notice of hearing, all documents in a contested case proceeding will be filed with the board. All documents that are required to be served upon a party will be filed simultaneously with the board.

(4)Filing-when made. Except where otherwise provided by law, a document is deemed filed at the time it is delivered to the board; delivered to an established courier service for immediate delivery to the board; or mailed by first-class or state interoffice mail to the board, so long as there is proof of mailing.

(5)Proof of mailing. Proof of mailing includes:

a. A legible United States Postal Service postmark on the envelope, or

b. A certificate of service, or

c. A notarized affidavit, or

d. 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 board 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)

Iowa Admin. Code r. 641-33.14

ARC 9057B, IAB 9/8/10, effective 10/13/10

Adopted by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024