SECTION 349.315. Computation of Time

(a) Unless otherwise required by law, in computing any period of time prescribed or allowed by these sections, the date of the act, event or default after which the designated period of time begins to run is not to be included, and the last day of the period is to be included, unless it is a Saturday, Sunday or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday or legal holiday.

(b) When this chapter specifies a deadline or set a number of days for filing documents or taking other actions, the computation of time shall be by calendar days rather than business days unless otherwise provided for by this chapter, applicable law, SOAH rules or judge order. However, if the period specified is five days or less, the intervening Saturdays, Sundays and legal holidays are not counted.

(c) When by this chapter, SOAH rules or judge order, an act is required or allowed to be done at or within a specified time period, the Executive Director, Board or judge (if SOAH has acquired jurisdiction) may, for good cause shown, order the period extended if application is made before the expiration of the specified time period. In addition, where good cause is shown for the failure to act within the specified time period, the Executive Director, Board or judge may permit the act to be done after the expiration of the specified period.

Source Note: The provisions of this §349.315 adopted to be effective May 1, 2010, 35 TexReg 3289