SECTION 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.

Source Note: The provisions of this §67.9 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302