Section 615 IAC 1-2-8 - Service and filing of pleadings and other papersAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3-1; IC 22-8-1.1
Sec. 8.
(a) This section supplements the requirements contained in IC 4-21.5-3-1.(b) Service when required. Unless otherwise provided by this rule ( 615 IAC 1-2) or an order of the Board, each party shall be served with:(1) every order required by its terms to be served;(2) every pleading filed subsequent to the papers delivered to the Board at the time the case is certified to it;(3) every written motion;(4) every brief submitted to the Board;(5) every paper relating to discovery required to be served upon a party; and(6) every written notice, appearance, or similar paper.(c) Service: How made(1) Whenever a party is represented by an attorney of record, service shall be made upon such attorney unless service upon the party himself is ordered by the Board.(2) Delivery. Delivery of a copy within this rule ( 615 IAC 1-2) means:(A) handing it to the attorney or party;(B) leaving it at his office with a clerk or other person in charge thereof, or if there is no one in charge, leaving it in a conspicuous place therein; or(C) if the office is closed, by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.(3) Service by mail. If service is made by mail, the papers shall be deposited in the United States mail addressed to the person on whom they are being served, with postage prepaid. Service shall be deemed complete upon mailing. Proof of service of all papers permitted to be mailed may be made by written acknowledgment of service, by affidavit of the person who mailed the papers, or by certificate of an attorney. It shall be the duty of attorneys when entering their appearance in a proceeding or when filing pleadings or papers therein, to have noted on said pleadings or papers so filed the address and telephone number of their office. Service by delivery or by mail at such address shall be deemed sufficient and complete.(d) Filing. Subsequent to the papers delivered to the Board at the time the case is certified to it, all pleadings and papers required to be served upon a party shall be filed with the Board either before service or within a reasonable time thereafter, except to the extent that 615 IAC 1-2-13(c) provides otherwise.(e) Filing with the Board Defined. The filing of pleadings and papers with the Board as required by this rule ( 615 IAC 1-2) shall be made by one of the following methods: (1) Delivering the pleadings or papers to the Secretary of the Board at Indiana Government Center-South, 402 West Washington Street, Room W195, Indianapolis, Indiana 46204.(2) Mailing the papers to said Secretary by registered or certified mail, return receipt requested. Filing by registered or certified mail shall be complete upon mailing.(f) Pleadings and other papers shall be signed by the party, or his attorney. Such signing constitutes a representation by the signer that he has read the document and that, to the best of his knowledge, information, and belief the statements made therein are true and the document is not interposed for delay.Board of Safety Review; 615 IAC 1-2-8; filed Nov 12, 1987, 9:30 am: 11 IR 1270; errata filed Sep 7, 2001, 10:20 a.m.: 25 IR 106; readopted filed Nov 13, 2001, 9:55 a.m.: 25 IR 1305; readopted filed Nov 7, 2007, 2:24 p.m.: 20071205-IR-615070596RFA; readopted filed November 26, 2013, 3:26 p.m.: 20131225-IR-615130405RFAReadopted filed 11/27/2019, 3:26 p.m.: 20191225-IR-615190505RFA