Do you believe computer software that says "delivery completed" a few seconds after you click on the "send" button? If you do, you have made a classic email mistake. Your computer might think it was "sent" but that's not a real question. The real question is whether the email was received.
Let's review the rules from two levels: First, there are appeal rules from the Office of Appeal and Appeals Committee ("OHA"), which determine appeals against objections in size. Secondly, the objection states the rules of the Government Debt Area ("GAO") that determines most objections:
OHA: (a) Application and Services Process. E-mail, mail, delivery and faxes are all permitted unless the judge adds otherwise …
Here's what happens when you can not confirm the receipt of the forum on your email. Supplies, now, SBA no. Siz-5655, 2015 WL 2149481 (April 20, 2015), Supplies was now attempting to make a decision that they believed it was incorrect (it would have been rejected as premature because it was filed more than five business days after notification has been granted). Supplies Now received the decision on 3 February 2015. On February 18, 2015, Supplies now delivered its appeal via email and received confirmation from their mailbox account that said "Delivery to recipients or groups has been completed, but no delivery notification was sent by the decision server. [OHA’s email address is listed among those in the acknowledgement]. "After about six weeks, and nothing heard from OHA, Supplies now offered OHA and it was advised that the appeal had not been received. Supplies now resubmitted their appeal on April 9, 2015.
By rejecting the appeal as premature, OHA examined that according to 13 C.F.R. § 134.304 (a), the appeal period shall be filed with OHA within 15 days of receipt of size measurements, and Supplies have not done so, as no delivery has been received within 15 days. "[H] chosen to file an appeal by email, the appellant was responsible for the successful completion of the email to OHA. The appellant may in any event be relied upon solely on confirmation from the email system, in particular, provided that the appellant did not respond to time of several weeks from OHA or other intended recipients of the appeal. "
Note that GAO's rules (set forth above) emphasize that a document is not filed until it is taken by GAO, including email.
The guide is simple – if you send something to OHA or GAO, always confirm by telephone that it has been received. Do not trust computerized confirmation or even "retrieve" sent by email. Call the discussion, get the name and phone number of the person in GAO or OHA, and make sure all pages have been received. Federal officials are unlikely to deny receipt by mistake when they have specifically acknowledged it.
Copyright 2017 Richard D. Lieberman
Source by Richard D Lieberman