SECTION 107.15. Computation of Time

(a) Counting Days. Unless otherwise required by statute, in computing time periods prescribed by this chapter or by a State Office of Administrative Hearings (SOAH) order, the period shall begin to run on the day after the act, event, or default in question. The day of the act, event, or default on which the designated period of time begins to run is not included in the computation. The period shall conclude on the last day of the designated period, unless that day is a day the agency is not open for business, in which case the designated period runs until the end of the next day on which the agency is open for business. When this chapter specifies a deadline or a set number of days for filing documents or taking other actions, the computation of time shall be calendar days rather than business days, unless otherwise provided in this chapter or pursuant to an order by an administrative law judge or Board Order. However, if the period to act is five days or less, the intervening Saturdays, Sundays, and legal holidays are not counted.

(b) Extension. Unless otherwise provided by statute, the time for filing any document may be extended by agreement of the parties, order of the Executive Director or order of the administrative law judge (if SOAH has acquired jurisdiction), upon written request filed prior to the expiration of the applicable time period. The written request must show good cause for an extension of time and state that the need is not cause by the neglect, indifference, or lack of diligence of the movant.

Source Note: The provisions of this §107.15 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10541; amended to be effective September 14, 2010, 35 TexReg 8342