312 Ind. Admin. Code 3-1-7

Current through October 31, 2024

Section 312 IAC 3-1-7 - Filing and service of pleadings and documents

Authority: IC 14-10-2-4

Affected: IC 1-1-9-1; IC 4-21.5-3-1; IC 4-21.5-3-29; IC 4-21.5-5; IC 14; IC 23-1-20-15; IC 25

Sec. 7.

(a) Pleadings and documents must be filed with the commission and served on all other parties.

(b) The filing of a pleading or document may be performed by any of the following:

(1) Personal delivery.

(2) United States mail under any of the following categories:

(A) First class.

(B) Certified.

(C) Express.

(D) Priority.

(3) Private carrier.

(4) State interdepartmental mail.

(5) Electronic mail delivered to nrcaopa@nrc.in.gov.

(c) If an attorney or another authorized representative represents a party, service of a pleading or document must be made upon the attorney or other authorized representative. If an individual appears without separate representation, service must be made upon the individual.

(d) Filing with the commission is complete on the earliest of the following dates:

(1) The date on which the pleading or document is delivered by personal delivery or state interdepartmental delivery under subsection (b)(1) and (b)(4).

(2) For pleadings and documents sent by electronic mail under subsection (b)(5), the date of the electronic submission containing the document.

(3) The date of the postmark on the envelope containing the pleading or document if the pleading or document is sent by a category of United States mail described in subsection (b)(2) and is properly addressed.

(4) For a document or pleading sent by a private carrier as described in subsection (b)(3), the date on which the pleading or document is deposited with a private carrier, as shown by a receipt issued by the carrier, if the pleading or document is sent by a private carrier and is properly addressed.

(5) The date of receipt of the pleading or document sent under subdivision (2) or (3), if the date of deposit or postmark cannot be determined.

(e) This section does not modify the time in which a party may file objections under IC 4-21.5-3-29 or a petition for judicial review under IC 4-21.5-5.

(f) IC 4-21.5-3-1(d) and IC 4-21.5-3-1(e) govern service by publication.

(g) As used in this section, "private carrier" means a person, other than the United States Postal Service, that delivers mail as defined in IC 23-1-20-15.

312 IAC 3-1-7

Natural Resources Commission; 312 IAC 3-1-7; filed Feb 5, 1996, 4:00 p.m.: 19 IR 1319; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; filed May 4, 2005, 1:15 p.m.: 28 IR 2660; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; errata filed Jun 20, 2011, 12:23 p.m.: 20110629-IR-312110377ACA; Readopted filed 5/20/2014, 9:48 a.m.: 20140618-IR-312140027RFA

Filed 9/6/2018, 11:30 a.m.: 20181003-IR-312170553FRA

Readopted filed 7/21/2020, 4:07 p.m.: 20200819-IR-312200206RFA

Filed 8/16/2022, 2:23 p.m.: 20220914-IR-312220076FRA