29 C.F.R. 29 CFR--PART 2700
Title 29 - Labor
Effective Date(s): October 3, 2006 5. Section 2700.8 is revised to read as follows: Except to the extent otherwise provided herein (see, e.g., §2700.45), the due date for a pleading or other deadline for party or Commission action (hereinafter “due date”) is determined sequentially as follows: (a) When the period of time prescribed for action is less than 11 days, Saturdays, Sundays, and Federal holidays shall be excluded in determining the due date. (b) When a party serves a pleading by a method of delivery other than same-day service, the due date for party action in response is extended 5 additional calendar days beyond the date otherwise prescribed, after consideration of paragraph (a) of this section where applicable. (c) The day from which the designated period begins to run shall not be included in determining the due date. The last day of the prescribed period for action, after consideration of paragraphs (a) and (b) of this section where applicable, shall be included and be the due date, unless it is a Saturday, Sunday, Federal holiday, or other day on which the Commission's offices are not open or the Commission is open but unable to accept filings, in which event the due date shall be the next day which is not one of the aforementioned days. Example 1:
A motion is filed with the Commission on Friday, July 1, 2005. Under §2700.10(d), other parties in the proceeding have 8 days in which to respond to the motion. Because the response period is less than 11 days, intervening weekends and holidays, such as Monday, July 4, 2005, are excluded in determining the due date. A response is thus due by Thursday, July 14, 2005. In addition, those parties not served with the motion on the day it was filed, such as by facsimile or messenger, have 5 additional calendar days in which to respond, or until Tuesday, July 19, 2005. Example 2:
A Commission Judge issues his final decision in a case on Friday, July 1, 2005. Under §2700.70(a), parties have until July 31, 2005, to file with the Commission a petition for discretionary review of the Judge's decision. Even though the decision was mailed, 5 additional calendar days are not added, because paragraph (b) of this section only applies to actions in response to parties” pleadings. However, because July 31, 2005, is a Sunday, the actual due date for the petition is Monday, August 1, 2005.
Amendment from August 04, 2006
29 CFR--PART 2700
Amendment(s) published August 4, 2006, in 71 FR 44207
§ 2700.8 Computation of time.
