New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES
Section 11.5.5.108 - COMPUTATION AND EXTENSION OF TIME
Universal Citation: 11 NM Admin Code 11.5.5.108
Current through Register Vol. 35, No. 18, September 24, 2024
A. General:
(1) Unless otherwise specifically provided by
the Act, by this Part, or by order, any period of time specified in the Act, in
this Part, or in any order shall be counted beginning with the day after the
event from which the time is measured and shall include every calendar day
thereafter until the specified number of days has been reached, except that:
(a) if the last day is a Saturday, Sunday, or
holiday, the time is extended until the next day that is not a Saturday,
Sunday, or holiday; and
(b) if the
applicable period of time is stated as a specified number of "working days,"
only days other than Saturdays, Sundays, or holidays shall be
counted.
(2) When the
Act, this Part, or any order requires that an action be accomplished within a
specified period of time after service of a document, and the applicable
document is served by mail, three (3) days shall be added to the time otherwise
required for accomplishment of the action. The additional time shall not be
allowed if the period of time specified for accomplishment of an action runs
from any event other than service of a document.
B. Determination of date of mailing: When the date of mailing of a document is at issue, the date of mailing shall be determined:
(1) by the date
of any legible United States postal service postmark appearing on the envelope
in which the document was mailed; or
(2) in the absence of a legible United States
postal service postmark, by the date of any other legible postmark appearing on
the envelope in which the document was mailed; or
(3) in the absence of any legible postmark,
by any other credible evidence.
C. Extension of time:
(1) An extension of time for the filing or
[of]any document or the accomplishment of any other action may be granted upon
timely motion of a party for good cause, except that no extension of time may
be granted for the filing of:
(a) a Notice of
Contest or a Petition for Modification of Abatement Period; or
(b) an appeal of any final
resolution.
(2) A motion
for extension of time shall be filed at least three (3) working days before the
document is due or the action is to be accomplished, unless the party filing
the motion demonstrates that the failure to file a timely motion was the result
of excusable neglect.
D. Definition of "holiday": As used in this Section, "holiday" means any day designated as a legal public holiday in New Mexico pursuant to Section 12-5-2 NMSA 1978, or any other day during which the department is closed for business during any consecutive period of four (4) or more hours between 8:00 a.m. and 5:00 p.m.
Disclaimer: These regulations may not be the most recent version. New Mexico 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.
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