Current through Register Vol. 47, No. 13, December 25, 2024
(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."