Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 157RULES RELATING TO PRACTICE AND PROCEDURE
SUBCHAPTER AGENERAL PROVISIONS
RULE §157.4Computation of Time; Mailbox Rule
ISSUE 05/20/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Computation of Time. The following rules apply when computing any time period specified in Chapters 153, 157, or 159, or in any statute that does not specify a method of computing time:

  (1)Exclude the day of the event that triggers the time period;

  (2)Count every day, including intermediate Saturdays, Sundays, and legal holidays; and

  (3)Include the last day of the period, except if the last day of the period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

  (4)If the Board is closed on the last day of the period as computed under subsection (a)(3) of this section, then the time period is extended to the first day the Board is open that is not a Saturday, Sunday, or legal holiday.

(b)Mailbox rule.

  (1)Service by mail is complete upon deposit of the notice in a prepaid, properly addressed envelope in a post office or official depository under the care and custody of the United States Postal Service.

  (2)Service by electronic mail is complete upon sending an email to the respondent's or applicant's email address as shown in the Board's records.

  (3)Presumption of receipt. Unless proven by evidence submitted to the contrary, a rebuttable presumption that respondent or applicant received proper notice from the Board will arise:

    (A)immediately after sending electronic mail to the respondent's or applicant's email address as shown in the Board's records; or

    (B)three business days after the date the notice is deposited with the United States Postal Service.

  (4)Failure to claim or refusal of properly addressed certified or registered mail does not support a finding of nonreceipt.

(c)Definitions. For purposes of this section, the following definitions apply:

  (1)Last day - Unless a different time is set in statute or Board order, the last day ends:

    (A)For electronic filing, at midnight in the Board's time zone;

    (B)For filing by other means, when the Board's office is scheduled to close.

  (2)Next day - The next day is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

  (3)Legal holiday - the term "legal holiday" includes:

    (A)a national holiday as defined in Government Code §662.003(a);

    (B)a state holiday as defined in Government Code §662.003(b); and

    (C)any day declared a holiday by the President or the Governor.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 6, 2022

TRD-202201801

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: May 26, 2022

Proposal publication date: March 11, 2022

For further information, please call: (512) 936-3652



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