C.F.R. » Title 20 » CHAPTER VII—BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR › PART 802—RULES OF PRACTICE AND PROCEDURE › Subpart B—Prereview Procedures

20 C.F.R. § 802.221

Computation of time

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(a) In computing any period of time prescribed or allowed by these rules, by direction of the Board, or by any applicable statute which does not provide otherwise, the day from which the designated period of time begins to run must not be included. The last day of the period so computed must be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

(b) For nonelectronic documents, the time period computed under paragraph (a) of this section will be deemed complied with if—

(1) When sent by mail, the envelope containing the document is postmarked by the U.S. Postal Service within the time period allowed. If there is no such postmark, or it is not legible, other evidence such as, but not limited to, certified mail receipts, certificates of service, and affidavits, may be used to establish the mailing date.

(2) When sent by commercial carrier, the receipt or tracking information demonstrates that the paper was delivered to the carrier within the time period allowed.

(c) For electronic filings made through the Board's case management system, paragraph (a) of this section will be deemed to be met if the document is electronically filed within the time period allowed. A document is deemed filed as of the date and time the Board's electronic case management system records its receipt, even if transmitted outside of the Board's business hours set forth in § 801.304 of this chapter. To be considered timely, an e-filed pleading must be filed by 11:59:59 p.m. Eastern Time on the due date.

(d) A waiver of the time limitations for filing a paper, other than a notice of appeal, may be requested by proper motion filed in accordance with §§ 802.217 and 802.219.

[89 FR 8536, Feb. 8, 2024]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2021 · leading case: Galle v. Dir., Off. of Workers' Comp. Programs, 246 F.3d 440 (5th Cir. 2001).
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Galle v. Dir., Off. of Workers' Comp. Programs, 246 F.3d 440 (5th Cir. 2001). · cites it 4× “20 C.F.R. § 802.221 . We note that § 802.”
Andrew T. Galle v. Dir., Off. Of Workers' Comp. Programs, 246 F.3d 440 (5th Cir. 2001). · cites it 4× “35 20 C.F.R. 802.221. We note that 802.221 recognizes a substantial amount of flexibility in filing periods.”
Coastal Coal-West Virginia, LLC v. Dir., Off. of Workers' Comp. Programs, 624 F. App'x 824 (4th Cir. 2015). · cites it 2× “See 20 C.F.R. §§ 802.221 (b), 802.407 (2014).”
Quinton Neal v. CP&O, LLC (4th Cir. 2021). “See 20 C.F.R. § 802.221 (b) (2021) (providing that postmark date may be considered filing date).”
Margie Allen v. Wellmore Coal Corp., 477 F. App'x 960 (4th Cir. 2012). “…Because the sixtieth day fell on a Saturday, Allen had until Monday, August 22, to file her petition for review. See 20 C.F.R. § 802.221 (2012).”
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