Section 1240.90  Computation and Extensions of Time

a)         In computing any period of time prescribed by this Part, the designated period of time begins to run the day after the act, event, or default and ends on the last day of the period so computed.  If the last day falls on a Saturday, Sunday, or legal holiday, the time period shall be automatically extended to the next day that is not a Saturday, Sunday or legal holiday.

b)         When a time period prescribed under this Part is less than 7 days, intervening Saturdays, Sundays, or legal holidays shall not be included.

c)         Service of a document upon a party by mail shall be presumed complete 3 days after mailing, if proof of service shows the document was properly addressed.  This presumption may be overcome by the addressee, with evidence establishing that the document was not delivered or was delivered at a later date.  A party's failure to accept or claim a document served by mail shall not be grounds for overcoming the presumption.

d)         Requests for postponements of hearings shall be filed in accordance with Section 1240.100.  Requests for postponements of investigations or scheduled conferences, as well as requests for extensions for the filing of briefs, exceptions or responses must be made prior to the existing deadlines.  Such requests will not be granted unless good and sufficient cause is shown and the following requirements are met:

1)         all requests must be in writing directed to the Administrative Law Judge, Executive Director or General Counsel responsible for the proceeding;

2)         the grounds for the request must be set forth in detail;

3)         the requesting party must specify alternative dates for scheduling the hearing or conference or for the due date of any documents;

4)         the position of all parties concerning both the postponement or extension requested and the proposed alternative dates must be ascertained in advance by the requesting party and set forth in the request;

5)         for the purposes of this Section, good and sufficient cause may include a showing to the satisfaction of the Board or its agents that a postponement or extension will result in settlement of the case;

6)         except for good cause shown, no request for postponement will be granted on any of the 3 days immediately preceding the date of a hearing, investigation or conference;

7)         all continuances must be to a date and time certain; in no event shall an indefinite continuance be granted.