Section 101.300  Computation of Time

a)         Computation of Time.  Computation of any period of time prescribed in the Act, other applicable law, or these rules will begin with the first calendar day following the day on which the act, event or development occurs and will run until the close of business on the last day, or the next business day if the last day is a Saturday, Sunday or national or State legal holiday.

b)         Time of Filing.  Documents will be considered filed when they are filed in conformance with the requirements found in Section 101.302 of this Part and any other filing requirements specifically set out in the other Parts of these rules.

1)         If filed in person, by messenger service or mail delivery service other than U.S. Mail, documents are considered filed when they are received in the Office of the Clerk.

2)         If a document is filed by U.S. Mail subsequent to a filing deadline, yet the postmark date precedes the filing deadline, the document will be deemed filed on the postmark date, provided all filing requirements are met as set forth in Section 101.302 of this Part.

3)         Documents filed and received in the Office of the Clerk after 4:30 p.m. will be marked as filed the following business day.  The Clerk will record the appropriate filing date on all filed documents.

4)         For purposes of Board decision deadlines, time does not begin until the date on which the initial filing is date-stamped by the Clerk.

c)         Time of Service.  In the case of personal service, service is deemed complete on the date personal delivery was effectuated.  In the case of facsimile transmission, service is deemed complete on the date of a complete and proper transmittal (facsimile filings are only allowed in accordance with Section 101.302(d) of this Part).  In the case of service by registered or certified mail, or by messenger service, service is deemed complete on the date specified on the registered or certified mail receipt or the messenger service receipt.  In the case of service by U.S. Mail, service is presumed complete four days after mailing.  The presumption can be rebutted by proper proof.

d)         Date of Board Decision.

1)         For purposes of statutory decision deadline proceedings, the date of the Board decision is the date of the Board meeting where a final opinion and order of the Board was adopted by the vote of at least three Board members.

2)         For purposes of appeal, the date of the party's certified mail receipt of the Board decision is the date of service of the final opinion and order by the Board upon the appealing party.  Or, in the event of a timely filed motion for reconsideration filed pursuant to Section 101.520 of this Part, the date of the party's certified mail receipt of the Board order  ruling upon the motion is the date of service by the Board upon the appealing party.

(Source:  Amended at 29 Ill. Reg. 8743, effective June 8, 2005)