- 15 - that petitioners’ petition was delayed because of errors made by the U.S. Postal Service in the transmission of the mail. (3) What Caused the Delay? Mistakes occur and the delay at issue was the result of such. The facts indicate that the U.S. Postal Service missent the piece of mail at issue to Clarksburg, New Jersey, a location this piece of mail should have never reached had it been handled properly. There the U.S. Postal Service incorrectly scanned it delivered, instead of scanning it missent. This may have perpetuated the delay. A careful review of the envelope in which petitioners’ petition was mailed supports a finding that it was properly addressed to this Court in Washington, D.C. Given these unique circumstances, together with all of the other evidence presented, we find that petitioners have provided specific evidence that the delay resulted from errors made by the U.S. Postal Service. (4) Conclusion We hold that the preponderance of the evidence establishes that petitioners have satisfied the timely-mailing/timely-filing requirements set forth in section 301.7502-1(c)(1)(iii)(B)(2), Proced. & Admin. Regs. Therefore, respondent’s motion to dismiss for lack of jurisdiction will be denied. An appropriate order will be isued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011