PART 26—ADMINISTRATIVE REVIEW BOARD RULES OF PRACTICE AND PROCEDURE Authority: Secretary's Order 01-2020, 85 FR 13186 (March 6, 2020). Source: 86 FR 1782, Jan. 11, 2021, unless otherwise noted. § 26.1 Purpose and scope. (a) This part contains the rules of practice of the Administrative Review Board (ARB) when it is exercising its authority as described in paragraph (b) of this section. These rules shall govern all appeals and proceedings before the ARB except when inconsistent with a governing statute, regulation, or executive order, in which event the latter shall control. (b) The ARB has authority to act as the authorized representative of the Secretary of Labor in review or on appeal of decisions and recommendations as provided in Secretary's Order 01-2020 (or any successor to that order). The ARB shall act as fully and finally as the Secretary of Labor concerning such matters, except as provided in Secretary's Order 01-2020 (or any successor to that order). § 26.2 General procedural matters. (a) Definitions. ARB (2) Electronic case management system (b) Computing time. (i) Exclude the day of the event that triggers the period; (ii) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and (iii) Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the next day that is not a Saturday, Sunday, or legal holiday. (2) Unless a different time is set by statute, regulation, executive order, or judge's order, the “last day” ends: (i) For electronic filing via the Department's electronic case management system or via other electronic means, at 11:59:59 Eastern Time on the due date. (ii) For non-electronic filing, at the time the office of the Clerk of the Appellate Boards is scheduled to close in Washington, DC on the due date. (c) Mailing address. § 26.3 Filing. (a) Filing by electronic submission (e-filing) via the Department's electronic case management system Attorneys and lay representatives. (2) Good cause exception. (3) Self-represented persons. (4) Filing—date of receipt. (5) Signing. (6) Relief for Technical Failures. (b) Alternate methods of filing. § 26.4 Service. (a) Electronic service. (1) Electronic mail, if consented to in writing by the person served; or (2) Sending it to a user registered with the Department's electronic case management system by filing via this system. A person who registers to use the Department's case management system is deemed to have consented to accept service through the system. (b) Non-electronic service. (1) Personal delivery; (2) Mail; or (3) Commercial delivery. (c) When service is effected. (1) Service by personal delivery is effected on the date the document is delivered to the recipient. (2) Service by mail or commercial carrier is effected on mailing or delivery to the carrier. (3) Service by electronic means is effected on sending.