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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges |
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| General |
(a) Generally. In computing any period of time under these rules or
in an order issued hereunder the time begins with the day following the
act, event, or default, and includes the last day of the period, unless
it is a Saturday, Sunday or legal holiday observed by the Federal
Government in which case
the time period includes the next business day. When the period of time
prescribed is seven (7) days or less, intermediate Saturdays, Sundays,
and holidays shall be excluded in the computation.
(b) Date of entry of orders. In computing any period of time
involving the date of the entry of an order, the date of entry shall be
the date the order is served by the Chief Docket Clerk.
(c) Computation of time for delivery by mail. (1) Documents are not
deemed filed until received by the Chief Clerk at the Office of
Administrative Law Judges. However, when documents are filed by mail,
five (5) days shall be added to the prescribed period.
(2) Service of all documents other than complaints is deemed
effected at the time of mailing.
(3) Whenever a party has the right or is required to take some
action within a prescribed period after the service of a pleading,
notice, or other document upon said party, and the pleading, notice or
document is served upon said party by mail, five (5) days shall be added
to the prescribed period.
(d) Filing or service by facsimile. Filing or service by facsimile
(fax) is effective upon receipt of the entire document by the receiving
facsimile machine. For purposes of filings by facsimile the time printed
on the transmission by the facsimile equipment constitutes the date
stamp of the Chief Docket Clerk.
[48 FR 32538, July 15, 1983, as amended at 59 FR 41877, Aug. 15, 1994]