Ill. Admin. Code tit. 80 § 1200.30

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1200.30 - Computation and Extensions of Time

a) In computing any period of time prescribed by the Act or this Part, the designated period of time begins to run the day after the act, event or default and ends on the last day of the period so computed. If the day after the act, event or default when the period is supposed to begin to run happens to be a Saturday, Sunday or legal holiday, the period does not begin to run until the next day that is not a Saturday, Sunday or legal holiday. If the last day falls on a Saturday, Sunday or legal holiday, the time period shall be automatically extended to the next day that is not a Saturday, Sunday or legal holiday.

b) When a time period prescribed under the Act or this Part is 7 days or less, intervening Saturdays, Sundays or legal holidays shall not be included.

c) Service of a document upon a party by mail shall be presumed complete 3 business days after mailing, if proof of service shows the document was properly addressed. This presumption may be overcome by the addressee, with evidence establishing that the document was not delivered or was delivered at a later date. A party's failure to accept or claim a document served by mail shall not be grounds for overcoming the presumption.

d) Requests for postponements of hearings shall be filed in accordance with Section 1200.45. Requests for postponements of investigations or scheduled conferences, as well as requests for extensions for the filing of briefs, exceptions or responses, must be made prior to the then existing deadlines. These requests will not be granted unless good and sufficient cause is shown and the following requirements are met:

1) all requests must be in writing directed to the investigator, Administrative Law Judge, Executive Director or General Counsel responsible for the proceeding;

2) the grounds for the request must be set forth in detail;

3) the requesting party must specify alternative dates for scheduling the hearing or conference or for the due date of any documents;

4) the position of all parties concerning both the postponement or extension requested and the proposed alternative dates must be ascertained in advance by the requesting party and set forth in the request;

5) for purposes of this Section, good and sufficient cause may include a showing to the satisfaction of the Board or its agents that a postponement or extension will result in settlement of the case;

6) except for good cause shown, no request for postponement will be granted on any of the 3 days immediately preceding the date of a hearing, investigation or conference. All continuances must be to a date and time certain; in no event shall an indefinite continuance be granted.

Ill. Admin. Code tit. 80, § 1200.30

Amended at 27 Ill. Reg. 7365, effective May 01, 2003

Amended at 41 Ill. Reg. 6566, effective 5/26/2017