Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 1.00 - Adjudicatory Proceedings
GENERAL RULES
Section 1.06 - Filing, Receipt of Papers and Notices, and Computation of Time

Universal Citation: 360 CMR 1.00 MA Code of Regs 1.06

Current through Register 1531, September 27, 2024

(1) Timely Filing. Papers required or permitted to be filed under 360 CMR 1.00 or any provision of applicable law, must be filed within the time limits set by law or regulation and shall be filed at the Authority office or wherever designated by the Authority. Papers filed in the following manners shall be deemed filed as stated:

(a) Hand-delivery During Business Hours. Papers so filed shall be deemed filed on the day delivered.

(b) Hand-delivery During Nonbusiness Hours. Papers so filed shall be deemed filed on the next regular business day.

(c) Mailing. Papers filed by placing in the U.S. Mail shall be deemed filed on the date placed in the mail.

(d) Electronic Medium. Where Papers may be filed by Electronic Medium and are received during regular business hours, they shall be deemed filed on the date received by the Authority during usual business hours but not later than 5:00 P.M. Papers received after regular business hours shall be deemed filed on the following business day. Papers served by Electronic Medium shall indicate the date transmitted and the telephone number or electronic address used for transmittal.

(2) Date Stamping. All Papers shall show the date received by the Authority. The Authority shall cooperate in giving date receipts to Persons filing Papers by hand-delivery.

(3) Receipt of Papers and Notices. All Papers and notices shall be deemed to be received as follows:

(a) If delivered in hand, the Paper or notice shall be deemed to be received when delivered:
1. Personally to the Party or his or her attorney;

2. Personally to any officer, employee, or agent of the Party authorized by appointment of the Party or by law to accept service;

3. To the Person's last known address in the Commonwealth; or

4. To the last known address of any officer, employee, or agent of the Party authorized by appointment of the Party or by law to accept service.

(b) If sent by certified mail, return receipt requested, the Paper or notice shall be deemed to be received either:
1. When signed for by:
a. The Party of his or her attorney; or

b. The Party's officer, employee, or agent including, without limitation, any officer, employee, or agent authorized by appointment of the Party or by law to accept service; or

2. When returned by the U.S. Postal Service to the Authority as unclaimed, unless the Authority is persuaded that the Paper or notice was not claimed for reasons beyond the control of the Party to whom the Paper or notice was sent.

(c) If delivered by regular mail, the Paper or notice shall be deemed to be received no later than the third business day after it is mailed to the Party or his or her attorney, or where the Paper is issued by the Authority, the Authority is persuaded otherwise by the Party to whom the Paper or notice was mailed.

(d) Electronic Medium. Where Papers may be filed by Electronic Medium and are received during regular business hours, shall be deemed filed, as provided in 360 CMR 1.06(1)(d), on the date received by the Authority during usual business hours but not later than 5:00 P.M. If Papers received after regular business hours shall be deemed filed on the following business day. Papers served by Electronic Medium shall indicate the date transmitted and the telephone number or electronic address used for transmittal.

(4) Computation of Time. Unless otherwise specifically provided by 360 CMR 1.00 or any ruling issued under 360 CMR 1.00, computation of any time period referred to in 360 CMR 1.00 shall begin with the first day following the act which initiates the running of the time period. The last day of the time period so computed is to be included unless it is a Saturday, Sunday, legal holiday, or any other day on which the office of the Authority is closed, in which event the period shall run until the end of the next following business day. When the time period is less than seven days, only days when the offices of the Authority are open shall be included in the computation.

(5) Additional Time after Service by Mail. Whenever a person has the right or is required to do some act or take some proceedings within a prescribed period after service of a notice or other Papers upon him or her and the notice or paper is served upon him or her and the notice or paper is served upon him or her by mail, three days shall be added to the prescribed period.

(6) Extension of Time. Except for any time period set forth either in 360 CMR 1.20(1) or in 360 CMR 2.21(4) or 360 CMR 2.22(1) or elsewhere regarding any time limitation within which an Adjudicatory Proceeding must be commenced, the Presiding Officer shall have the discretion to extend any time limit contained in 360 CMR 1.00 for good cause shown. All requests for extensions of time shall be made by motion before the expiration of the original or previously extended time period. The filing of such motion shall toll the time period sought to be extended until the Presiding Officer acts on the motion. A motion for an extension of time made after the expiration of the time period may be granted only where the failure to act was the result of excusable neglect.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.