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RULE §575.3Computation of Time

(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 Saturday, Sunday or legal state or federal holiday, in which case the designated period runs until the end of the next day that is not a Saturday, Sunday or legal state or federal holiday. 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 by calendar days rather than business days, unless otherwise provided in this chapter or pursuant to a SOAH or board order.

(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.

Source Note: The provisions of this §575.3 adopted to be effective January 1, 1976; amended to be effective March 22, 1988, 13 TexReg 1189; amended to be effective March 15, 2004, 29 TexReg 2643; amended to be effective July 13, 2008, 33 TexReg 5528

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