Sec. 14.34.04.06. Service; Computation of Time  


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  • A. A party filing an answer to a charge, motion, response or other document with the Executive Director shall serve a copy of such document on all parties of record and indicate in the document filed with the Executive Director the name and address of each party served and the date on which each party was served.

    B. Service may be made by regular mail, facsimile or electronic mail, or personal delivery, except that service of a charge shall be made in accordance with Regulation .03A(3) of this chapter.

    C. All filed documents shall clearly designate the docket number, if any, and title of the proceeding.

    D. Computation of Time - Service.

    (1) Regular Mail Service. Whenever a period of time is measured from the service of a form, document, pleading, or paper, and service is by mail, 3 days shall be added to the prescribed period.

    (2) Facsimile or Electronic Mail Service. Whenever a period of time is measured from the service of a form, document, pleading, or paper, and service is by fax or electronic mail, service shall be deemed made on the date of the fax or electronic mailing unless the individual or party receiving the service presents proof that actual service was received at a later time but not later than 3 days from the date of the fax or electronic mailing.

    E. Computation of Time Generally.

    (1) Time periods in this regulation refer to calendar days unless otherwise indicated.

    (2) A time period is computed beginning with the day after the act or event which initiates the period and concludes with the last day of the period. A time period which would otherwise end on a weekend or State holiday instead ends on the following business day.

    (3) In computing any time period involving the issuance of a Board decision or order, the date of the issuance of such decision or order is the date it is transmitted by the Board to the parties as that date is evidenced by postmark, electronic mailing, or other reliable indicia of transmission, whichever date is earliest. Documents are filed with the Executive Director as of the date that they are transmitted to the Executive Director as that date is evidenced by postmark, electronic mailing, or other reliable indicia of transmission, whichever date is earliest.

    (4) The Board may extend any time period set forth in this chapter for good cause shown.