Iowa Admin. Code r. 161-4.6

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

Rule 161-4.6 - Filing and service of documents

(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 other 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 commission, 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 delivering, mailing, or transmitting by fax (facsimile) a copy to the attorney or to the party at the attorney's or party'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 shall be filed with the presiding officer at the following address: Civil Rights Administrative Law Judge (or the name of the presiding officer). Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319. Except as provided by these rules, the Iowa Rules of Civil Procedure pertaining to discovery, or other law, all pleadings, motions, documents or other papers that are required to be served upon a party shall be filed simultaneously with the presiding officer

(4)Filing -how and when made. In a contested case before the commission a document is filed by any of the methods described in 481-subrule 10.12(3). The date a document is deemed to be filed in a contested case before the commission is determined according to 481-subrule 10.12(3).

(5)Proof of mailing

a. In a contested case before the commission proof of mailing is made according to 481-subrule 10.12(4).

b. Conflict among proofs of mailing. The date of mailing is the date shown by the legible United States Postal Service postmark and, only in the absence of a legible postmark, the date of mailing is the date shown by the affidavit, certificate, or certification of mailing.

Iowa Admin. Code r. 161-4.6