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11. Computation of Time

  1. General rule.
    In computing any period of time under these procedures, the time begins with the day following the act 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 period of time includes the next business day.  If an ALJ directs that a party files its submissions on a date certain, but that date falls on a weekend or legal holiday, the due date will automatically be the following business day.
  2. If time allowed is less than seven days. 
    When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays observed by the federal government will be excluded from the computation.
  3. Additional time if original document was served by mail. 
    In some cases, where a document requiring a response has been served or issued by placing it in the mail, an additional five days will be added to the time permitted for any response.  This will not apply to requests for hearing.  A party may not add additional time if a document has been served electronically by DAB E-File.  The applicable procedural regulations and/or ALJ order in a case should be consulted concerning adding five days.
Content created by Departmental Appeals Board (DAB)
Content last reviewed on December 16, 2014