Iowa Admin. Code r. 875-69.10

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 875-69.10 - Service and filing

(1)Service-when required. Except where otherwise provided by law, every document filed in a contested case proceeding shall be served upon each of the parties of record. Except for the original notice of hearing and an application for rehearing as provided in Iowa Code section 17A.16, subsection 2, the party filing a document is responsible for service on all parties.

(2)Service-how made. Service upon a party represented by an attorney shall be made upon the attorney unless otherwise ordered. Service is made by personal delivery or by mailing a copy to the person's last-known address. Service by mail is complete upon mailing, except where otherwise specifically provided by statute, rule, or order.

(3)Filing-when required. All documents that are required to be served upon a party shall be filed simultaneously with the board.

(4)Filing-when made. Except where otherwise provided by law, a document is deemed filed at the time it is delivered to the board at the location set forth in rule 875-65.5 (89A), delivered to an established courier service for immediate delivery to that office, or mailed by first-class mail or state interoffice mail to that office, so long as there is proof of mailing.

(5)Proof of mailing. Proof of mailing includes either:

a. A legible United States Postal Service postmark on the envelope;

b. A certified mail return receipt;

c. A notarized affidavit; or

d. A certification in substantially the following form:

I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the Elevator Safety Board, Department of Workforce Development, Division of Labor Services, 150 Des Moines Street, Des Moines, Iowa 50309, and to the names and addresses of the parties listed below by depositing the same in a United States post office mailbox with correct postage properly affixed.

(Date) (Signature)

Iowa Admin. Code r. 875-69.10

ARC 8621B, lAB 3/24/10, effective 4/28/10; ARC 0168C, lAB 6/13/12, effective 7/18/12

Amended by IAB April 21, 2021/Volume XLIII, Number 22, effective 6/1/2021