Section 905IAC1-37-2. Service of papers  


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  •    (a) This section applies to any of the following:

    (1) Giving of any notice of violation.

    (2) Service of any motion, ruling, order, or other filed item.

    (3) Filing of any document with the commission.

      (b) Except as otherwise provided by law, a person shall serve papers by United States mail or personal service. If the commission mails or personally serves a paper, all such paper shall reflect the date and circumstances of service.

      (c) Service shall be made on a permittee or on the permittee's counsel or other authorized representative of record in the proceeding. Service on an artificial person or a person incompetent to receive service shall be made on a person allowed to receive service under the rules governing civil actions in the courts. Service on the commission must be made on the commission's prosecutor.

      (d) If the current address of a permittee is not ascertainable, service shall be mailed to the last known address where the person resides or has a principal place of business as shown by the commission's records.

      (e) The filing of a document with the commission is complete on the earliest of the following dates that apply to the filing:

    (1) The date on which the document is delivered to the commission.

    (2) The date of the postmark on the envelope containing the document, if the document is mailed to the commission by certified United States mail.

    (3) The date on which the document is delivered by a private carrier, as shown by a receipt issued by the carrier, if the document is sent to the commission.

    (Alcohol and Tobacco Commission; 905 IAC 1-37-2; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1449; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFA)