22 Tex. Admin. Code § 157.4 - Computation of Time; Mailbox 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.
Notes
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