How to file a proceeding

Time Limits

The letter notifying you of the decision of the department, agency or municipality should in principle specify the time limit you have to contest it. If this is not the case, promptly contact the department, agency or municipality in question to find the time limit applicable to your situation.

 

Generally, the time limits are 30 or 60 days.

 

If you send your application by mail, take the mail delays into consideration.

Time limits are calculated from the day following the date you receive the decision of the department, agency or municipality. The last day of the period is counted, unless it falls on a Saturday, Sunday or a holiday. If this is the case, the period is then extended until the next day that is neither a Saturday, Sunday, nor a holiday.

 

Let's say that you received a decision from a department on Friday, January 29, 2010, and that you have 30 days to contest it. You therefore have until Monday, March 1, 2010, to contest it because the 30th day (February 28th) falls on a Sunday.

In order for the administrative judge to hear your application, you have to convince the judge right at the beginning of the hearing, that you had serious reasons for filing your application late.

 

The administrative judge must also be convinced that no one will suffer serious consequences if your application is accepted even though it is late.



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