(a) Counting days. Unless otherwise required by statute, in
computing time periods prescribed by this chapter or by a SOAH order, the
period shall begin to run on the day after the act, event or default in question.
The day of the act, event or default on which the designated period time begins
to run is not included. The period shall conclude on the last day of the designated
period, unless that day is a day the agency is not open for business, in which
case the designated period runs until the end of the next day on which the
agency is open for business. When these rules specify a deadline or a set
number of days for filing documents or taking other actions, the computation
of time shall be calendar days rather than business days, unless otherwise
provided in this chapter or pursuant to a SOAH or board order. However, if
the period to act is five days or less, the intervening Saturdays, Sundays
and legal holidays are not counted.
(b) Dispute. Disputes regarding computation of time for periods
not specified by this chapter or by a board or SOAH order will be resolved
by reference to applicable law and upon consideration of agency policy documented
in accordance with the Act and board rules.
(c) Extensions. Unless otherwise provided by statute, the time
for filing any document may be extended by agreement of the parties, order
of the executive director or the ALJ if SOAH has acquired jurisdiction, upon
written request filed prior to the expiration of the applicable time period.
This written request must show good cause for an extension of time and state
that the need is not caused by the neglect, indifference or lack of diligence
of the movant.
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