SECTION 55.104. Timely Administrative Appeals

(a) Written administrative appeals required by these rules must be submitted either by hand delivery or by first class mail in an envelope or wrapper properly addressed, with postage prepaid, to the Office of the Attorney General, Child Support Division, at the address shown on the notice of intended or actual administrative action or final administrative review decision.

(b) In computing any period of time prescribed or allowed by these rules or any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday as defined by Texas Government Code, §662.003, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor legal holiday. When the last day of the period is the next day which is neither a Saturday, Sunday, nor legal holiday, any document filed by mail as provided in subsection (a) of this section is mailed on time when it is postmarked on the last day of the period.

(c) The date of submission of an administrative review request is presumed to be the date that a written request is postmarked by the United States Postal Service or dated by a postal meter. If the postmark and a postal meter date conflict, the appeal was submitted on the postmark date. An appeal received in an envelope bearing no legible postmark or postal meter date will be considered to be submitted three days before receipt by the Child Support Division.

(d) There is no good cause exception to the preceding timeliness rules.

Source Note: The provisions of this §55.104 adopted to be effective May 25, 1992, 17 TexReg 3464; amended to be effective March 5, 2008, 33 TexReg 1759