| (a) Computing Time. In computing any period of time
prescribed or allowed by these rules, by order of the Agency, or by
any applicable statute, the period shall begin on the day after the
act, event, or default in controversy and conclude on the last day
of such computed period, unless it be a Saturday, Sunday, or a legal
holiday, in which event, the period runs until the end of the next
day which is neither a Saturday, Sunday, nor a legal holiday. A party
or attorney of record notified under §401.61 of this title (relating
to Record) is deemed to have been notified on the date which notice
is sent.
(b) Extensions. Unless otherwise provided by statute,
the time for filing any pleading, except a notice of protest, may
be extended by order of the Agency Chief or designee, upon the following
conditions:
(1) A written motion must be duly filed with the Agency
Chief or designee prior to the expiration of the applicable period
of time allowed for such filings.
(2) The written motion must show good cause for such
extension and that the need is not caused by the neglect, indifference,
or lack of diligence on the part of the movant.
(3) A copy of any such motion shall be served upon
all other parties of record to the proceeding contemporaneously with
the filing thereof.
|
| Source Note: The provisions of this §401.13 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective January 11, 2023, 48 TexReg 51 |
