D.C. Mun. Regs. r. 1-2812

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 1-2812 - CALCULATING DEADLINES

2812.1

This section applies to all time periods established by these Rules, by an order, or by any applicable law.

2812.2

In computing any time period measured in days, the day of the act, event, or default from which the period begins to run shall not be included.

2812.3

For any time period measured in days, the last day of the period shall be included unless OAH is closed on that day. In that case, the period runs until the end of the next day on which OAH is open.

2812.4

In computing any time period measured in hours, no hours shall be excluded from the computation, except as provided in this subsection:

(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.

(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.

2812.5

When a party may or must act within a specified time period after service, and service is made by United States mail, commercial carrier, or District of Columbia Government inter-agency mail, five (5) calendar days are added after the period would otherwise expire, unless a statute or regulation provides otherwise.

2812.6

When a party may or must 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, or any period provided under Sections 2806 and 2828.

2812.7

Any reference to "days" in an OAH order means calendar days unless specifically designated as business days in the order.

D.C. Mun. Regs. r. 1-2812

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

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) ).