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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 1PRACTICE AND PROCEDURE
SUBCHAPTER ADEFINITIONS AND GENERAL PROVISIONS
RULE §1.9Computation and Extensions of Time in Contested Cases

(a) In computing any period of time prescribed or permitted by the Hearings Director, the examiner, a rule or an order of the Commission, or any applicable statute:

  (1) the day of the act, event, or default from which the period of time begins to run shall not be included;

  (2) the last day of the period being computed shall be included, unless it is a Saturday, Sunday, weekday on which the Commission has officially closed prior to 5 p.m. due to weather or other exigency, or an official state or federal holiday, in which event the period shall continue to run until 5 p.m. on the next business day except as otherwise provided by statute; and

  (3) Saturdays, Sundays, and official state or federal holidays shall not be counted for any purpose in any time period of five days or less in these rules.

(b) Unless otherwise provided by statute or special rule, the time for filing any pleading or other document may be extended upon the granting of a motion for extension of time. The motion shall:

  (1) be filed with the Docket Services Section prior to the applicable deadline;

  (2) show that there is good cause for an extension of time and that the need for the extension is not caused by the negligence, indifference, or lack of diligence of the person, party, or authorized representative filing the motion; and

  (3) be served in accordance with §1.45 of this title (relating to Service in Protested Contested Cases).


Source Note: The provisions of this §1.9 adopted to be effective August 21, 2017, 42 TexReg 4131

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