1201 COMPUTATION OF TIME

1201.1 In computing any period of time prescribed or allowed by these rules or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

1201.2 The last day of the computed period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday.

1201.3 When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation unless an applicable statute expressly provides otherwise.

1201.4 For the purposes of this chapter, “legal holiday” means the following:

1. (a) New Year’s Day;
2. (b) Martin Luther King Jr.’s Birthday;
3. (c) President’s Day;
4. (d) District of Columbia Emancipation Day;
5. (e) Memorial Day;
6. (f) Independence Day (4th of July);
7. (g) Labor Day;
8. (h) Columbus Day;
9. (i) Veterans Day;
10. (j) Thanksgiving Day;
11. (k) Christmas Day; and
12. (l) Any other day designated a legal holiday by the President of the United States or the District of Columbia government.

1201.5 When an act is required or allowed to be done at or within a specified time, the Board may at any time in its discretion and for good cause shown, do either of the following:

(a) With or without motion or notice, order the period enlarged, if a request for enlargement of time is made before the expiration of the period originally prescribed or as extended by a previous order; or

(b) Upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect.

1201.5 When an act is required to be taken within a specified period of time after the receipt of a notice, pleading, or filing, and the notice, pleading, or filing is sent by United States Mail, commercial carrier, or District of Columbia inter-agency mail, the period of time within which the required act must be taken shall begin five (5) calendar days after the date such mailing is shown to have been sent. A party may provide proof that a document has been sent by postmark, proof of service, or other evidence.

1201.6 Notwithstanding Subsection 1201.5, an appellant's request for appeal shall be considered timely filed if it is physically received by the Board within fifteen (15) days after the date of the receipt of the notice of the Chief's final action from which the appeal is being requested.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015).