- (a) In computing any period of time prescribed or allowed by these rules, by order of the Board, or by 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, a legal holiday, or another day on which the office is closed, in which event the period runs until the end of the next day which the office is open. When these rules specify a deadline or a set 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 in these rules.
- (b) Extension. Unless otherwise provided by statute, the time for filing any pleading, motion, or request may be extended by order of the executive director or ALJ (if the SOAH has acquired jurisdiction), upon written motion filed prior to the expiration of the applicable period of time for the filing of the same, showing that the need for extension is not caused by the neglect, indifference, or lack of diligence of the requesting party.
Source Note:The provisions of this §213.9 adopted to be effective September 1, 1998, 23 TexReg 6444.