(a) General rule. In computing any period of time prescribed by
this subpart, the date of the act or event that commences the designated
period of time is not included. The last day so computed is included
unless it is a Saturday, Sunday, or federal holiday. When the last
day is a Saturday, Sunday, or federal holiday, the period runs until
the end of the next day that is not a Saturday, Sunday, or federal
holiday. Intermediate Saturdays, Sundays, and federal holidays are
included in the computation of time. However, when the time period
within which an act is to be performed is ten days or less, not including
any additional time allowed for in paragraph (c) of this section,
intermediate Saturdays, Sundays, and federal holidays are not included.
8-055.1
(b) When papers are deemed
to be filed or served.
(1) Filing and service are deemed to be
effective:
(i) In the case of transmission by electronic
mail or other electronic means, upon transmittal by the serving party;
(ii) In the case of
overnight delivery service or first class, registered, or certified
mail, upon deposit in or delivery to an appropriate point of collection;
or
(iii) In the
case of personal service or same day courier delivery, upon actual
service.
(2) The effective filing and service dates specified in paragraph
(b)(1) of this section may be modified by the Board or ALJ in the
case of filing or by agreement of the parties in the case of service.
8-055.2
(c) Calculation of time for service and
filing of responsive papers. Whenever a time limit is measured
by a prescribed period from the service of any notice or paper, the
applicable time limits are calculated as follows:
(1) If service is made by electronic mail
or other electronic means or by same day courier delivery, add one
calendar day to the prescribed period;
(2) If service is made by overnight delivery
service, add two calendar days to the prescribed period; or
(3) If service is made by first
class, registered, or certified mail, add three calendar days to the
prescribed period.
