66 

14 CFR Ch. I (1–1–19 Edition) 

§ 13.212 

(d) 

Date of service. 

The date of service 

shall be the date of personal delivery; 
or if mailed, the mailing date shown on 
the certificate of service, the date 
shown on the postmark if there is no 
certificate of service, or other mailing 
date shown by other evidence if there 
is no certificate of service or postmark. 

(e) 

Additional time after service by mail. 

Whenever a party has a right or a duty 
to act or to make any response within 
a prescribed period after service by 
mail, or on a date certain after service 
by mail, 5 days shall be added to the 
prescribed period. 

(f) 

Service by the administrative law 

judge. 

The administrative law judge 

shall serve a copy of each document in-
cluding, but not limited to, notices of 
prehearing conferences and hearings, 
rulings on motions, decisions, and or-
ders, upon each party to the pro-
ceedings by personal delivery or by 
mail. 

(g) 

Valid service. 

A document that was 

properly addressed, was sent in accord-
ance with this subpart, and that was 
returned, that was not claimed, or that 
was refused, is deemed to have been 
served in accordance with this subpart. 
The service shall be considered valid as 
of the date and the time that the docu-
ment was deposited with a contract or 
express messenger, the document was 
mailed, or personal delivery of the doc-
ument was refused. 

(h) 

Presumption of service. 

There shall 

be a presumption of service where a 
party or a person, who customarily re-
ceives mail, or receives it in the ordi-
nary course of business, at either the 
person’s residence or the person’s prin-
cipal place of business, acknowledges 
receipt of the document. 

§ 13.212

Computation of time. 

(a) This section applies to any period 

of time prescribed or allowed by this 
subpart, by notice or order of the ad-
ministrative law judge, or by any ap-
plicable statute. 

(b) The date of an act, event, or de-

fault, after which a designated time pe-
riod begins to run, is not included in a 
computation of time under this sub-
part. 

(c) The last day of a time period is in-

cluded in a computation of time unless 
it is a Saturday, Sunday, or a legal hol-

iday. If the last day of the time period 
is a Saturday, Sunday, or legal holi-
day, the time period runs until the end 
of the next day that is not a Saturday, 
Sunday, or legal holiday. 

§ 13.213

Extension of time. 

(a) 

Oral requests. 

The parties may 

agree to extend for a reasonable period 
the time for filing a document under 
this subpart. If the parties agree, the 
administrative law judge shall grant 
one extension of time to each party. 
The party seeking the extension of 
time shall submit a draft order to the 
administrative law judge to be signed 
by the administrative law judge and 
filed with the hearing docket clerk. 
The administrative law judge may 
grant additional oral requests for an 
extension of time where the parties 
agree to the extension. 

(b) 

Written motion. 

A party shall file a 

written motion for an extension of 
time with the administrative law judge 
not later than 7 days before the docu-
ment is due unless good cause for the 
late filing is shown. A party filing a 
written motion for an extension of 
time shall serve a copy of the motion 
on each party. The administrative law 
judge may grant the extension of time 
if good cause for the extension is 
shown. 

(c) 

Failure to rule. 

If the administra-

tive law judge fails to rule on a written 
motion for an extension of time by the 
date the document was due, the motion 
for an extension of time is deemed 
granted for no more than 20 days after 
the original date the document was to 
be filed. 

§ 13.214

Amendment of pleadings. 

(a) 

Filing and service. 

A party shall 

file the amendment with the adminis-
trative law judge and shall serve a copy 
of the amendment on all parties to the 
proceeding. 

(b) 

Time. 

A party shall file an amend-

ment to a complaint or an answer 
within the following: 

(1) Not later than 15 days before the 

scheduled date of a hearing, a party 
may amend a complaint or an answer 
without the consent of the administra-
tive law judge. 

VerDate Sep<11>2014 

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00076

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046

spaschal on DSK3GDR082PROD with CFR