Iowa Admin. Code r. 199-7.4
Current through Register Vol. 47, No. 5, September 4, 2024
Rule 199-7.4 - General information(1)Orders. All orders shall be issued and uploaded into the commission's electronic filing system. Orders shall be deemed 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. Pleadings and other documents required to be electronically filed with the commission shall be filed within the time limit, if any, for such filing, in accordance with the commission's electronic filing rules at 199-Chapter 14. Unless otherwise specifically provided, all electronic communications and documents are officially filed when they are accepted for filing as defined in 199?14.3(17A,476). Persons electronically filing a document with the commission must comply with the service requirements in 199-14.16 (17A,476).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. All filings made in any proceeding after the proceeding has been docketed by the commission shall include on the first page a reference to the applicable docket number(s).(4)Number of copies.a. Rule 199-7.23 (17A,476) contains requirements regarding the required number of copies for evidence introduced at hearing.b. 199-Chapter 26contains additional requirements regarding the number of paper copies of minimum filing requirements required to be filed in rate and tariff proceedings.(5)Defective filings. Only applications, pleadings, documents, testimony, and other submissions that conform to the requirements of an applicable rule, statute, or order of the commission or presiding officer will be accepted for filing. Applications, pleadings, documents, testimony, and other submissions that fail to substantially conform with 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.(6)Service of documents.a.Method of service.(1) Paper service. Paper service of filings is only required on those parties, or persons, whom the commission has approved to receive paper service. All filings required to be served in paper shall also be served on the consumer advocate. All filings served by paper shall be filed electronically pursuant to rule 199-14.16 (17A,476) in the appropriate docket in the electronic filing system and shall include a certificate of service.(2) Electronic service. The commission's rule regarding electronic service is at 199-14.16 (17A,476).b.Date of service.(1) Paper service. Unless otherwise ordered by the commission or presiding officer, the date of service shall be 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) Electronic service. The commission's rule regarding the date of electronic service is at 199-14.16 (17A,476).c.Parties entitled to service.(1) Paper service. If a party has been approved by the commission to receive service of paper documents, the person filing the document shall serve that party as required by this subrule.(2) Electronic service. The commission's rule regarding electronic service is at 199-14.16 (17A,476).(3) Service of documents containing confidential information. Parties shall serve documents containing confidential information pursuant to a confidentiality agreement executed by the parties, if any. If the parties are unable to agree on a confidentiality agreement, they may ask the commission or presiding officer to issue an appropriate order.
d.Service upon attorneys. When a party has appeared by attorney, service upon the attorney shall be deemed proper service upon the party.(7)Appearance. Each party to a proceeding shall file in the docket in the commission's electronic filing system a separate written appearance identifying 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 party files an application, petition, or other initial pleading, or an answer or other responsive pleading, containing the information that would otherwise be required in an appearance, the filing of a separate appearance is not required. The appearance may be filed with the party's initial filing in the proceeding or may be filed after the proceeding has been docketed.(8)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 shall apply for admission pro hac vice as required by Iowa Court Rule 31.14(2)(b).b. A corporation or association may appear and present evidence by an officer or employee. However, only licensed attorneys shall 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 required of attorneys before the courts of Iowa.(9)Cross reference to public documents, confidential filings, and electronic filings. The commission's rule regarding public documents and confidential filings is at 199-1.9 (22). The commission's rule regarding electronic filing of documents containing confidential material is at 199-14.12 (17A,476).(10)Expedited proceedings.a. If a person claims that a statute or other provision of law requires the commission to render a decision in a contested case in six months or less, the person shall include the phrase "Expedited Proceedings Required" in the caption of the first pleading filed by the person in the proceeding. 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 purposes of the required time for decision until the date on which the first pleading containing the required phrase is filed or such other date that the commission or presiding officer finds is just and reasonable under the circumstances.b. If a person claims that a statute or other provision of law requires the commission to render a decision in a contested case in six months or less, the person shall state the basis for the claim in the first pleading in which the claim is made.c. 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(6) (service of documents).d. A party may file a motion that proceedings be expedited even though such treatment is not required 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 paragraph 7.4(10)"c" 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 pleading in which the expedited decision is requested shall state in the title "Expedited Proceedings Requested."Iowa Admin. Code r. 199-7.4
Amended by IAB January 29, 2020/Volume XLII, Number 16, effective 3/4/2020Editorial change: IAC Supplement 7/24/2024