1. (a) In computing any period of time described or allowed by this chapter, by order of the Board, or by any applicable statute, the period shall begin on the day after the act, event or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday nor a legal holiday.

2. (b) Mailbox rule.

   1. (1) Service by mail is complete upon deposit of the notice in a prepaid, properly addressed envelope in a post office or official depository under the care and custody of the United States Postal Service.
   2. (2) Service by electronic mail is complete upon sending an email to the respondent's or applicant's email address as shown in the Board's records.

   3. (3) Presumption of receipt. Unless proven by evidence submitted to the contrary, a rebuttal presumption that respondent or applicant received proper notice from the Board will arise:

      1. (A) immediately after sending electronic mail to the respondent's or applicant's email address as shown in the Board's records;
      2. (B) three business days after the date the notice is deposited with the United States Postal Service.
   4. (4) Failure to claim or refusal of properly addressed certified or registered mail does not support a finding of nonreceipt.

Source Note:The provisions of this §157.4 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 14, 2010, 35 TexReg 5035; amended to be effective June 8, 2014, 39 TexReg 4253; amended to be effective May 14, 2018, 43 TexReg 3096.