(a) Except as provided in paragraph (b) of this section, any
application, pleading, petition, brief or other memorandum shall be
filed in duplicate (original and 1 copy) with the Board; the Board shall
serve the copy upon the other party.
(b) Instead of filing the duplicate of any such document with the
Board, the party submitting it may serve the duplicate or copy directly
upon the Director and make a notation to that effect upon the copy filed
with the Board.
(c) Any notice or order required under this part to be given or
served shall be by certified or registered mail or by personal service.
(d) Computation of Time. (1) In computing any period of time
prescribed or allowed by these rules or by direction of the Board, the
first day counted shall be the day after the event from which the time
period begins to run, and the last day for filing shall be included in
the computation. If the last day for filing falls on a Saturday, Sunday,
or Federal holiday, the first working day thereafter shall be the last
day for timely filing. For purposes of computing the time for filing a
notice of appeal or a petition for reconsideration, the event which
commences the running of the time period shall be construed as occurring
on the date the relevant decision is issued, and not the date the
decision is actually received.
(2) Whenever a paper is served on the Board by mail, paragraph
(d)(1) of this section will be deemed complied with if the envelope
containing the paper is
postmarked within the time period allowed, computed as in paragraph
(d)(1) of this section. If there is no postmark, or it is not legible,
other evidence, such as, but not limited to, certified mail receipts,
certificate of service and affidavits, may be used to establish the date
of mailing.
(3) A waiver or an extension of the time limitations for filing a
paper, other than a notice of appeal or a petition for reconsideration,
may be requested by motion.
[27 FR 12186, Dec. 8, 1962, as amended at 53 FR 49491, Dec. 7, 1988]
