Current through Register Vol. XLI, No. 50, December 13, 2024
Section 105-1-5 - Calculation of Time; Service and Filing Deadlines5.1. Computation of Time a. In computing any period of time prescribed or allowed by this rule, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is fewer than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. "Legal holiday" includes New Year's Day, Martin Luther King's Birthday, Lincoln's Birthday, Washington's Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, any day on which a general, special or primary election is held in the state, in the county in which the case is pending, or Kanawha County, and any other day appointed as a holiday by the Governor or by the President of the United States as a day of special observance or thanksgiving, or a day for the general cessation of business. b. Nothing in subdivision 5.1.a. shall extend the deadline for filing written objections as stated in subsection 7.1. beyond the jurisdictional time limit as set forth in West Virginia Code § 17C-5A-2.5.2. Unless a different period is set by this rule or by the OAH, a written motion, notice of hearing on the motion, and any supporting brief or affidavits shall be filed and served at least nine (9) days before the time set for the hearing if served by mail or at least seven (7) days before the time set for the hearing if served by hand delivery, by fax, or by e-mail to the opposing party. If a written motion seeking dispositive relief is filed eleven (11) or more days prior to the time scheduled for a hearing or before a hearing has been scheduled, regardless whether such service is made by mail, hand delivery, fax or e-mail, whether the dispositive relief is based on lack of subject matter jurisdiction or otherwise, the opposing party is expected to respond no later than ten (10) days after the filing of the motion. If the opposing party fails to respond within ten (10) days of filing, the OAH, at its sole discretion, may issue an order either granting or denying the motion for dispositive relief without receiving a response.5.3. Unless a different period is set by this rule or by the OAH, any response to a written motion, including any supporting brief or affidavits, shall be served at least four (4) days before the time set for the hearing if served by mail or at least two (2) days before the time set for the hearing if served by hand delivery, by fax, or by e-mail to the opposing party.5.4. Whenever a party has the right or is required to do some act or take some action within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, the OAH may add three (3) days to the prescribed period.5.5. In cases in which registered or certified mail is not signed for, the provisions of W. Va. Code § 17A-2-19 apply, which provide that the giving of notice is complete after the expiration of four (4) days after deposit of the notice in the United States mail.