Current through Reg. 49, No. 38; September 20, 2024
(a) Service on
all parties. On the same date a document is filed with the commission, a copy
shall also be sent to each party or the party's authorized representative by
hand-delivery; by regular, certified, or registered mail; by email, upon
agreement of the parties; or by fax.
(b) Certificate of service. A person filing a
document shall include a certificate of service that certifies compliance with
this section.
(1) A certificate of service
shall be sufficient if it substantially complies with the following example:
"Certificate of Service: I certify that on {date}, a true and correct copy of
this {name of document} has been sent to {name of opposing party or authorized
representative for the opposing party} by {specify method of delivery, e.g.,
email, regular mail, fax, certified mail.} {Signature}"
(2) If a filing does not certify service, the
commission may:
(A) return the
filing;
(B) send a notice of
noncompliance to all parties, stating the filing will not be considered until
all parties have been served; or
(C) send a copy of the filing to all
parties.
(c)
Presumed time of receipt of served documents. The following rebuttable
presumptions shall apply regarding a party's receipt of documents served by
another party:
(1) If a document was
hand-delivered to a party, the commission shall presume that the document was
received on the date of filing at the commission.
(2) If a document was served by
courier-receipted overnight delivery, the commission shall presume that the
document was received no later than the next business day after filing at the
commission.
(3) If a document was
served by regular, certified, or registered mail, or non-overnight
courier-receipted delivery, the commission shall presume that it was received
no later than three days after mailing.
(4) If a document was served by fax or email
before 5:00 p.m. on a business day, the commission shall presume that the
document was received on that day; otherwise, the commission shall presume that
the document was received on the next business day.
(d) Burden on sender. The sender has the
burden of proving date and time of service.
