SECTION 815.2. Mailing Dates and Use of Forms

(a) Except as otherwise provided in Subchapter C of this chapter, when an individual or an employing unit reports or applies to the Agency in writing upon an Agency form, for purposes of determining the date the writing was sent, the following dates shall control, in the order listed:

(1) the postmark date or the postal meter date (where there is only one or the other);

(2) the postmark date if there is both a postmark date and a postal meter date, if they conflict;

(3) the date the writing was delivered to a common carrier, which date is equal to a postmark date;

(4) a writing received in an envelope bearing no legible postmark, postal meter date, or date of delivery to the common carrier shall be considered to have been sent three business days before receipt by the Agency, or on the date of the document, if the document date is less than three days earlier than date of receipt; or

(5) if the mailing envelope is lost after delivery to the Agency, the date on the writing shall control. If the document is undated, the date the writing was sent shall be three business days before receipt by the Agency, subject to sworn testimony establishing an even earlier date.

(b) Except as provided in Subchapter C of this chapter, the date and time a writing is received by the Agency shall control when that writing was sent by facsimile transmission (fax), or in an electronic form approved by the Agency in writing.

(c) Except as otherwise provided in Subchapter C of this chapter, when the writing is not on an Agency form but furnishes information that is sufficient to indicate clearly the purpose or intent of the writing, the controlling date shall be determined as described in this section. However, the Agency may require that the individual or employing unit furnish the necessary information to the Agency in the manner and on a form or forms prescribed by the Agency for the particular purpose.

Source Note: The provisions of this §815.2 adopted to be effective November 6, 2000, 25 TexReg 11093