Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1. General

§348. Computation of Time.

(a) In computing the time within which a right may be exercised or an act is to be performed, the first day shall be excluded and the last day shall be included. If the last day is not a working day, time shall be extended to the next working day.

(b) Unless otherwise indicated by proof of service, if the envelope was properly addressed, the mailing date shall be presumed to be:

(1) the postmark date appearing on the envelope if first-class postage was prepaid; or

(2) the date of delivery to a common carrier promising overnight delivery as shown on the carrier's receipt.

(c) Where service of any document, letter, application, request, motion, pleading, brief, decision, petition, answer, memorandum, response, or other writing is by mail, and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed is extended five days if the place of address is within the State of California, and 10 days if the place of address is outside the State of California but within the United States. Such extension shall not apply to extend the time for filing an appeal.

NOTE: Authority cited: Section 148.7, Labor Code. Reference: Section 1013(a), Code of Civil Procedure; and Sections 148.7 and 149.5, Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect of subsection (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment of subsection (b), new subsection (b)(1) created from text of subsection (b), new subsection (b)(2), and amendment of subsection (c) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).