Section 13.212

14 CFR Ch. I (1-1-19 Edition)

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(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 including, but not limited to, notices of
prehearing conferences and hearings,
rulings on motions, decisions, and orders, upon each party to the proceedings by personal delivery or by
mail.
(g) Valid service. A document that was
properly addressed, was sent in accordance 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 document was deposited with a contract or
express messenger, the document was
mailed, or personal delivery of the document was refused.
(h) Presumption of service. There shall
be a presumption of service where a
party or a person, who customarily receives mail, or receives it in the ordinary course of business, at either the
person-s residence or the person-s principal place of business, acknowledges
receipt of the document.

iday. If the last day of the time period
is a Saturday, Sunday, or legal holiday, the time period runs until the end
of the next day that is not a Saturday,
Sunday, or legal holiday.
Section 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 document 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 administrative 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.
Section 13.214

Section 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 administrative law judge, or by any applicable statute.
(b) The date of an act, event, or default, after which a designated time period begins to run, is not included in a
computation of time under this subpart.
(c) The last day of a time period is included in a computation of time unless
it is a Saturday, Sunday, or a legal hol-

Amendment of pleadings.

(a) Filing and service. A party shall
file the amendment with the administrative law judge and shall serve a copy
of the amendment on all parties to the
proceeding.
(b) Time. A party shall file an amendment 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 administrative law judge.

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