DECISION AND ORDER OF THE BOARD OF DIRECTORS ON EMPLOYING OFFICE’S MOTION TO DISMISS, OR IN THE ALTERNATIVE TO STRIKE, COMPLAINANT’S PETITION FOR REVIEW
I. Introduction
The Board, by decision and order dated June 3, 2003, remanded this matter with instructions to the hearing officer. The hearing officer subsequently issued his dispositive decision on November 5, 2003. The Office of Compliance’s Executive Director transmitted that decision to the parties by U.S. certified mail, return-receipt requested, on November 5, 2003. His transmittal letter advised the parties that the hearing officer’s decision had been entered into the records of the Office on November 5, 2003, and that the appeal period ran from that date.
The Complainant filed her petition for review (“PFR”) with the Office on Monday, December 8, 2003.
Section 406(a) of the Congressional Accountability Act (“the Act”) [2 U.S.C. §1406(a)] and §8.01(a) of the Office’s Procedural Rules prescribe that any aggrieved party may file a PFR of a hearing officer’s decision “not later than 30 days after entry of the decision in the records of the office.”
II. Positions of the Parties
A. Complainant
Complainant acknowledges that she did not file her appeal within 30 days after the hearing officer’s decision was entered into the records of the office.1 However, the Complainant contends that her PFR was timely filed under §1.03(c) of the Office’s Procedural Rules, which adds a prescribed number of days as a time allowance for receipt of mailed documents, whenever a person or party has the right or is required to do some act within a prescribed period “after the service of a notice or other document upon him or her” and the notice or document is mailed. The number of days added is dependent upon the method of service for the mailing of official notices (5 days for regular mail; 2 days for expedited delivery or express mail; actual date of receipt for certified mail, return-receipt requested).
