(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)[Board office closed or inaccessible.]
If the Board [Board's office in Austin] is closed
[or inaccessible] 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 [and accessible] 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 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 28, 2022
TRD-202200704 Kathleen Santos
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 10, 2022
For further information, please call: (512) 936-3088
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