34 Tex. Admin. Code § 67.9 - Computation of Time
(a) Counting days.
In computing any period of time prescribed or allowed by this chapter, by Order
of the Executive Director, Examiner, ERS, the Board or its designee, or by any
applicable rules or statutes, the period shall begin on the day after the act,
event, mailing, transmission or default in question and it shall conclude on
the last day of that designated period, unless it is a Saturday, Sunday, or
legal holiday (including federal and state holidays), in which event the period
runs until the end of the next day which is neither a Saturday, Sunday, nor a
legal holiday.
(b) Extensions.
Unless otherwise provided by statute, the time for filing any of the documents
or Pleadings mentioned in §
67.7 of this chapter (relating to
filing and service of documents and Pleadings) may be extended by agreement of
the Parties or, upon the filing of a motion, prior to the expiration of the
applicable period of time, showing that the extension will not prejudice the
other Parties. A motion for extension may be filed after the deadline for
filing the pleading if there is good cause for such extension of time and that
the need for the extension is not caused by the neglect, indifference, or lack
of diligence of the Party making the motion.
(1) In the case of filings which initiate a
Proceeding, which are made before an Examiner has been assigned the matter, or
are made after all Proceedings pending before the Examiner have concluded, the
Executive Director will determine whether or not good cause exists and whether
or not an extension should be granted. The Executive Director's decision
constitutes final Agency action on the issue and no administrative appeal from
the Executive Director's decision is available.
(2) In the case of filings made in a
Proceeding after an Examiner has been assigned the matter, and prior to the
time the Proceedings before the Examiner have concluded and the Examiner no
longer has jurisdiction, the Examiner will determine whether or not good cause
exists and whether or not an extension should be granted.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.