Current through August 31, 2023
01.
Filing of
Documents with the Agency. (3-18-22)
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. (3-18-22)
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.
(3-18-22)
c. If the Department
establishes an online process for filing specific applications or notices,
filings may occur through the specific online data submittal portal.
(3-18-22)
02.
Service on Parties and Other Persons. (3-18-22)
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. (3-18-22)
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.
(3-18-22)
03.
Service of Documents by Agency. (3-18-22)
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. (3-18-22)
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.
(3-18-22)
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. (3-18-22)
05.
Proof of Service. Every
document filed or served must be accompanied by a proof of service similar to
the following certificate:
CERTIFICATE OF SERVICE
Click
here to view image
(3-18-22)
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. (3-18-22)
