[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR904.3]



[Page 42]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                            Subpart A_General

 

Sec. 904.3  Filing and service of documents.



    (a) Whenever this part requires service of a document or other 

paper, such service may effectively be made on the agent for service of 

process or on the attorney for the person to be served or other 

representative. Refusal by the person to be served, or his or her agent 

or attorney, of service of a document or other paper will be considered 

effective service of the document or other paper as of the date of such 

refusal. Service will be considered effective when the document is 

mailed to an addressee's last known address.

    (b) Any documents or pleadings filed or served must be signed:

    (1) By the person or persons filing the same,

    (2) By an officer thereof if a corporation,

    (3) By an officer or authorized employee if a government 

instrumentality, or

    (4) By an attorney or other person having authority to sign.

    (c) A pleading or document will be considered served and/or filed as 

of the date of the postmark (or as otherwise shown for government-

franked mail); or (if not mailed) as of the date actually delivered in 

person; or as shown by electronic mail transmission.

    (d) Time periods begin to run on the day following the date of the 

document, paper, or event that begins the time period. Saturdays, 

Sundays, and Federal holidays will be included in computing such time, 

except that when such time expires on a Saturday, Sunday, or Federal 

holiday, such period will be extended to include the next business day. 

This method of computing time periods also applies to any act, such as 

paying a civil penalty, required by this part to take place within a 

specified period of time. When the period of time prescribed or allowed 

is less than 11 days, intermediate Saturdays, Sundays, and legal 

holidays will be excluded in the computation.

    (e) If an oral or written application is made to NOAA within 10 days 

after the expiration of a time period established in this part for the 

required filing of documents or other papers, NOAA may permit a late 

filing if NOAA finds reasonable grounds for an inability or failure to 

file within the time period. All extensions will be in writing. Except 

as specifically provided in this part, or by order of an Administrative 

Law Judge (Judge) under this part, no requests for an extension of time 

may be granted.