Section 871.24.35. Date of submission and extension of time for payments and notices.

       24.35(1) Except as otherwise provided by statute or by division rule, any payment, appeal, application, request, notice, objection, petition, report or other information or document submitted to the division shall be considered received by and filed with the division:

        a.           If transmitted via the United States postal service on the date it is mailed as shown by the postmark, or in the absence of a postmark the postage meter mark of the envelope in which it is received; or if not postmarked or postage meter marked or if the mark is illegible, on the date entered on the document as the date of completion.

        b.           If transmitted by any means other than the United States postal service on the date it is received by the division.

       24.35(2) The submission of any payment, appeal, application, request, notice, objection, petition, report or other information or document not within the specified statutory or regulatory period shall be considered timely if it is established to the satisfaction of the division that the delay in submission was due to division error or misinformation or to delay or other action of the United States postal service.

        a.           For submission that is not within the statutory or regulatory period to be considered timely, the interested party must submit a written explanation setting forth the circumstances of the delay.

        b.           The division shall designate personnel who are to decide whether an extension of time shall be granted.

        c.           No submission shall be considered timely if the delay in filing was unreasonable, as determined by the division after considering the circumstances in the case.

        d.           If submission is not considered timely, although the interested party contends that the delay was due to division error or misinformation or delay or other action of the United States postal service, the division shall issue an appealable decision to the interested party.

       24.35(3) Any notice, report form, determination, decision, or other document mailed by the division shall be considered as having been given to the addressee to whom it is directed on the date it is mailed to the addressee’s last known address. The date mailed shall be presumed to be the date of the document, unless otherwise indicated by the facts.