D.C. Mun. Regs. tit. 1, r. 1-2813

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2813 - CALCULATING DEADLINES

2813.1

This Section applies to all time periods, whether set by these Rules, by an OAH order, or by any applicable law, unless a statute or specific regulation provides otherwise.

2813.2

When an action shall or may be taken within a specified number of days after an act or event, the day of the act or event shall not be counted against the days allowed. If OAH is closed on the day that is the specified number of days after the act or event, then the last day for taking the action is the next day that OAH is open.

2813.3

When an action shall or may be taken at least a specified number of days before an act or event, the day of the act or event shall not be counted toward the required number of days. If OAH is closed on the day that is the specified number of days before the act or event, then the last day for taking the action is the next day that OAH is open.

2813.4

In computing any time period measured in hours:

(a) If any period expires before 10:00 a.m. on any day OAH is open, the period shall be extended to 10:00 a.m. on that day;

(b) If any period expires after 4:00 p.m. on any day, the period shall be extended to 10:00 a.m. on the next day OAH is open; and

(c) If any period expires on a day OAH is closed, the period shall be extended to 10:00 a.m. on the next day OAH is open.

2813.5

Unless a statute or regulation provides otherwise, when a party may or shall act within a specified time period, measured in days, after service of a document:

(a) The specified time period shall apply if the document is served no later than 5:00 p.m. by a successfully completed hand-delivery, or email transmission. If service by one of these methods is completed after 5:00 p.m., the document shall be deemed served the following day.

(b) One (1) day shall be added to the specified time period if the document is served by being delivered to or picked up by a commercial delivery service for next-day delivery.

(c) Five (5) days shall be added to the specified time period if the document is served by being placed in the United States mail (postage paid) or in District of Columbia Government inter-agency mail.

(d) Service is deemed complete when sent.

2813.6

When a party may or shall act within a specified time period, an Administrative Law Judge for good cause shown may reduce the time or extend it, even after the period has expired, except for any period prescribed by law, any period provided under §§ 2833, or any ten (10) day period provided under §§ 2830.

2813.7

Any reference to "days" in an OAH order or in these Rules means calendar days unless specifically designated otherwise.

D.C. Mun. Regs. tit. 1, r. 1-2813

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12551 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .