| (a) The Commission shall determine the filing date
of a wage claim as the date delivered in person to the Commission,
the date faxed to and received by the Commission at a fax number designated
by the Commission, the date received by the Commission through electronic
submission, or the date of a mailed wage claim based on the following:
(1) The postmark date of a wage claim properly addressed
shall establish by a rebuttable presumption, the date upon which the
wage claim was filed unless the party opposing this presumption presents
evidence to establish some other filing date.
(2) Absent a postmark or evidence establishing some
other filing date, the date of receipt by the Commission shall control.
(b) The Commission shall suspend the time limit for
filing a wage claim only for those reasons required by law including,
but not limited to, bankruptcy stays.
|
| Source Note: The provisions of this §821.42 adopted to be effective June 1, 1998, 23 TexReg 5732; amended to be effective March 13, 2007, 32 TexReg 1328; amended to be effective September 20, 2010, 35 TexReg 8506; amended to be effective December 5, 2017, 42 TexReg 6813 |
