(a)In computing any period of time described or allowed
by this chapter, by order of the Board, or by any applicable statute,
the period shall begin on the day after the act, event or default
in controversy and conclude on the last day of such computed period,
unless it be a Saturday, Sunday or legal holiday, in which event the
period runs until the end of the next day which is not a Saturday,
Sunday nor a 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 rebuttal 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;
(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.
[(b)For the purpose of computing
time, it is presumed that mail sent to any party is received three
days after it is sent.]
The agency certifies that legal counsel has
reviewed the proposal and found it to be within
the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on February 12, 2018
TRD-201800582 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: March 25, 2018
For further information, please call: (512) 936-3652
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