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RULE §187.3Computation of Time

(a) Counting days. Unless otherwise required by statute, in computing time periods prescribed by this chapter or by a State Office of Administrative Hearings (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 or rule, the time for filing any document may be extended by agreement of the parties, order of the executive director or the Administrative Law Judge (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.

Source Note: The provisions of this §187.3 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective January 20, 2009, 34 TexReg 340

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