Section 170 IAC 1-1.1-13 - ServiceAuthority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1
Sec. 13.
(a) First class mail must be used when service is required by United States mail.(b) Service by the commission is described in this subsection. Unless the commission or a presiding officer specifies another method, orders, notices, and other documents originating with the commission shall be served by email through the electronic filing system. When a party designates multiple persons to receive service, a presiding officer may limit service to one (1) or more persons per party.(c) Petitions instituting proceedings shall be served by the petitioner upon the following: (1) Each named respondent.(2) The office of utility consumer counselor.(3) An individual or entity who is required to be named in the petition under section 10(a) of this rule.(d) Service by parties is described in this subsection. Pleadings, briefs, and other documents filed in proceedings pending before the commission shall be served on the parties in the proceeding including the office of utility consumer counselor on the same day the pleading, brief, or other document is filed with the commission, except as may be otherwise ordered by the commission: (1) Service shall be made to parties: (B) by United States mail, properly addressed with postage prepaid; or(C) as agreed to by the parties.(2) Service by email shall be deemed complete upon transmission, except service by email that occurs on a: (D) day the commission is closed during regular business hours; shall be deemed complete the next business day.(3) A certificate of service must be included on pleadings filed with the commission. The certificate shall indicate that service was accomplished by email or United States mail. If service is by United States mail, service shall be made by mailing a copy thereof to the person or persons designated in the commission's service list for that cause, at the person's principal office or place of business.(e) In a proceeding where an attorney has filed a pleading or other document on behalf of a party or has entered an appearance under section 7 of this rule, a notice or other written communication required to be served on or furnished to the party shall be served upon or furnished to the attorney in the same manner as prescribed for the party. When a party has appeared by attorney, service on that attorney is service on the party and separate service on the party is not required.(f) The date of service is the day the document served is:(1) deposited in the United States mail;(4) delivered as agreed by the parties.(g) Whenever a party has the right or is required to do an act or take an action within a prescribed period after service on the party of a pleading, notice, or other document by United States mail, that party has three (3) additional days to the prescribed period unless the presiding officer or this rule otherwise provides.(h) A dated certificate of service must accompany and be attached to a pleading or other document filed with the commission when service is required and shall identify those served.(i) An interested person or entity who is not admitted to a proceeding as a party may receive notices, docket entries, orders, and other documents relating to the proceeding issued by the commission by subscribing to the case in the electronic filing system. However, an interested nonparty shall not be added to the service list maintained by the secretary of the commission for that proceeding and the fact that a person or entity is subscribed to a case does not negate a party's normal service obligations.Indiana Utility Regulatory Commission; 170 IAC 1-1.1-13; filed Oct 30, 2000, 2:10 p.m.: 24 IR 659; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFAReadopted filed 4/12/2018, 11:21 a.m.: 20180509-IR-170180113RFAFiled 6/10/2020, 7:38 a.m.: 20200708-IR-170190378FRA