Iowa Admin. Code r. 199-7.4
Current through Register Vol. 47, No. 11, December 11, 2024
Rule 199-7.4 - [Effective 1/15/2025] General information(1)Orders. All orders will be issued and uploaded into the commission's electronic filing system. Orders are effective upon acceptance into the electronic filing system, unless otherwise provided in the order. Orders and other filings in dockets may be viewed in the specific docket accessed through the commission's electronic filing system.(2)Communications.a.Electronic communications. Unless otherwise specifically provided, all electronic communications and documents are officially filed when they are accepted for filing as defined in rule 199-14.3 (17A,476). The electronic service provisions in the "electronic service" rule in 199-Chapter 14 apply.b.Paper filings. Paper filings may only be made with commission approval, except for filings made pursuant to the exceptions in rule 199-14.4 (17A,476).(3)Reference to docket number. The applicable docket number(s) should be included on the first page of all filings.(4)Defective filings. Only submissions that conform to the requirements of the applicable rule, statute, or order of the commission or presiding officer will be accepted for filing, and submissions that fail to substantially conform with the applicable requirements will be considered defective and may be rejected unless waiver of the relevant requirement has been granted by the commission or presiding officer prior to filing. The commission or presiding officer may reject a filing even though commission employees have file-stamped or otherwise acknowledged receipt of the filing.(5)Service of documents.a.Method of service.(1) Paper service. Paper service of filings is only necessary on those parties, or persons, whom the commission has approved to receive paper service. All filings served by paper are to be filed electronically pursuant to the "electronic service" rule in 199-Chapter 14 in the appropriate docket in the electronic filing system, include a certificate of service, and be served on the consumer advocate.(2) Electronic service. The commission's rule regarding electronic service is the "electronic service" rule in 199-Chapter 14.(3) Service of documents containing confidential information. Parties may condition the service of unredacted documents containing confidential information on the execution of a confidentiality agreement. If the parties are unable to agree on a confidentiality agreement, they may ask the commission or presiding officer to issue an appropriate order.b.Date of service.(1) Paper service. Unless otherwise ordered by the commission or presiding officer, the date of service is the day when the document served is deposited in the United States mail or overnight delivery, is delivered in person, or otherwise as the parties may agree. Although service is effective, the document is not deemed filed with the commission until it is received by the commission.(2) The commission's rule regarding electronic service is the "electronic service" rule in 199-Chapter 14.c.Service upon attorneys. When a party has appeared by attorney, service upon the attorney is deemed proper service upon the party.(6)Appearance. Each party to a proceeding is to file a written appearance in the docket that identifies one person upon whom the commission may electronically serve all orders, correspondence, or other documents. If a party has previously designated a person to be served on the party's behalf in all matters, filing the appearance will not change this designation, unless the party directs that the designated person be changed in the appearance. If a person files an application, petition, or other initial pleading, or an answer or other responsive pleading on behalf of a party, containing the person's contact information, the filing of a separate appearance is not necessary. The appearance may be filed with the party's initial filing in the proceeding or may be filed after the proceeding has been docketed.(7)Representation by attorney.a. Any party to a proceeding before the commission or a presiding officer may appear and be heard through a licensed attorney. If the attorney is not licensed by the state of Iowa, the attorney is to apply for admission pro hac vice pursuant to and abide by the provisions of Iowa Court Rule 31.14.b. A corporation or association may appear and present evidence by an officer or employee. However, only licensed attorneys may represent a party before the commission or a presiding officer in any matter involving the exercise of legal skill or knowledge, except with the consent of the commission or presiding officer. All persons appearing in proceedings before the commission or a presiding officer shall conform to the standard of ethical conduct applicable to attorneys appearing before the courts of Iowa.(8)Expedited proceedings.a. If a person claims that a provision of law imposes an obligation on the commission to render a decision in a contested case in six months or less, the person will include the phrase "expedited proceedings" in the caption of the first pleading filed by the person in the proceeding and set the basis for the claim in the body of the pleading. If the phrase is not so included in the caption, the commission or presiding officer may find and order that the proceeding did not commence for time calculation purposes until the date on which the first pleading containing the "expedited proceedings" phrase is filed or such other date that the commission or presiding officer finds is just and reasonable under the circumstances.b. Shortened time limits applicable to expedited proceedings are contained in rules 199-7.9 (17A,476) (pleadings and answers), 199-7.12 (17A,476) (motions), 199-7.13 (17A,476) (intervention), 199-7.15 (17A,476) (discovery), and 199-7.26 (17A,476) (appeals from proposed decisions). An additional service requirement applicable to expedited proceedings is contained in subrule 7.4(5) (service of documents).c. A party may file a motion that proceedings be expedited even though such treatment is not mandated by statute or other provision of law. Such voluntary expedited treatment may be granted at the commission's or presiding officer's discretion in appropriate circumstances considering the needs of the parties and the interests of justice. In these voluntary expedited proceedings, the commission or presiding officer may shorten the filing dates or other procedures established in this chapter. The shortened time limits and additional service requirement applicable to expedited proceedings established in this chapter and listed in subrule 7.4(8) do not apply to voluntary expedited proceedings under this paragraph unless ordered by the commission or presiding officer. If a party requests an expedited proceeding pursuant to this paragraph, the party will include "Expedited Proceedings" in the title.Iowa Admin. Code r. 199-7.4
Amended by IAB January 29, 2020/Volume XLII, Number 16, effective 3/4/2020Editorial change: IAC Supplement 7/24/2024Adopted by IAB December 11, 2024/Volume XLVII, Number 11, effective 1/15/2025