Section 37.01.01.053 - FILING AND SERVICE OF DOCUMENTS01.Filing of Documents with the Agency.a. Documents may be filed with the agency by mail or personal delivery to the Department's main office or any of the Department's regional or field offices. See https://idwr.idaho.gov/contact-us.html for address and contact information. The agency will not accept filings by facsimile. A document sent by mail is considered filed on the date received by the agency. A document required to be accompanied by a filing fee is not considered filed with the agency until the fee is received.b. Documents may be filed by email as an alternative to filing by mail or personal delivery, at the following email address: file@idwr.idaho.gov. For purposes of filing by email, a "day" begins at 12:01 a.m. and ends at midnight, Mountain Time. Unless otherwise provided by statute, rule, order or notice, a document is considered filed on the day the email is sent if done so before midnight, Mountain Time, unless that date is a Saturday, Sunday or legal holiday, in which case it is deemed filed on the next available business day. Documents filed by email shall include the case number or, if none, other identifying information in the email caption. A document required to be accompanied by a filing fee is not considered filed with the agency until the fee is received.c. If the Department establishes an online process for filing specific applications or notices, filings may occur through the specific online data submittal portal.02.Service on Parties and Other Persons.a. All documents filed with the agency must be sent by mail or delivered personally to the representatives of each party concurrently with filing the original with the agency.b. If authorized by the presiding officer, documents that must be sent by mail or delivered personally to the representatives of each party may be served by email as an alternative to service by mail or personal service. It is not necessary to serve copies by mail or personal service if service is completed by email.03.Service of Documents by Agency.a. Any person designated by the agency to serve notices or orders issued by the agency shall serve these documents by regular mail, or by certified mail, return receipt requested, or by personal service on the representatives of each party designated pursuant to these rules.b. If authorized by the presiding officer, the person designated to serve notices and orders in a contested case may serve those notices and orders by email as an alternative to service by mail or personal service. It is not necessary to serve copies by mail or personal service if service is completed by email.04.Format for Electronic Filing and Service. Documents filed or served by email must be in Portable Document Format (PDF) and be text searchable. Each email filing or serving a document cannot be larger than 15 megabytes in size. Documents exceeding 15 megabytes in size may be divided into multiple documents and filed or served in multiple emails.05.Proof of Service. Every document filed or served must be accompanied by a proof of service similar to the following certificate: Click here to view image
06.When Service Complete. Unless otherwise provided by statute, these rules, order or notice, service is complete when a copy, properly addressed and stamped, is deposited in the United States mail or the Statehouse mail, if the party is a State employee or State agency, or when there is an electronic verification that an email has been sent.Idaho Admin. Code r. 37.01.01.053