§ 4003.4 - Extension of time.

§ 4003.4 Extension of time.

Cross Reference

Link to an amendment published at 85 FR 10283, Feb. 24, 2020.

(a) General rule.

When a document is required under this part to be filed within a prescribed period of time, an extension of time to file will be granted only upon good cause shown and only when the request for an extension is made before the expiration of the time prescribed. The request for an extension

shall

must be in writing and state why additional time is needed and the amount of additional time requested. The filing of a request for an extension

shall

will stop the running of the prescribed period of time. Requests for extension of the time to submit an appeal should be sent to the Appeals Board; requests for extension of the time to submit a request for reconsideration should be sent to the department that issued the initial determination. When a request for an extension is granted,

the

PBGC

shall

will notify the person requesting the extension, in writing, of the amount of additional time granted. When a request for an extension is denied,

the

PBGC

shall so

will notify the

requestor

person requesting the extension in writing, and the prescribed period of time

shall

will resume running from the date of denial.

(b) Disaster relief. When the President of the United States declares that, under the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121, 5122(2), 5141(b)), a major disaster exists, the Director of the PBGC (or his or her designee) may, by issuing one or more notices of disaster relief, extend the due date for filing a request for reconsideration under § 4003.32 or an appeal under § 4003.52 by up to 180 days.

(1) The due date extension or extensions shall be available only to an aggrieved person who is residing in, or whose principal place of business is within, a designated disaster area, or with respect to whom the office of the service provider, bank, insurance company, or other person maintaining the information necessary to file the request for reconsideration or appeal is within a designated disaster area; and

(2) The request for reconsideration or appeal shall identify the filing as one for which the due date extension is available.

[61 FR 34012, July 1, 1996, as amended at 73 FR 38120, July 3, 2008[85 FR 10283, Feb. 24, 2020]