- (a) Computing Time. In computing any period of time prescribed or allowed by these rules, by order of the Agency, 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 a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. A party or attorney of record notified by mail under §401.61 of this title (relating to Service of Documents) is deemed to have been notified on the date on which notice is mailed.
(b) Extensions. Unless otherwise provided by statute, the time for filing any pleading, except a notice of protest, may be extended by order of the director, upon the following conditions:
- (1) A written motion must be duly filed with the director prior to the expiration of the applicable period of time allowed for such filings.
- (2) The written motion must show good cause for such extension and that the need is not caused by the neglect, indifference, or lack of diligence on the part of the movant.
- (3) A copy of any such motion shall be served upon all other parties of record to the proceeding contemporaneously with the filing thereof.
Source Note:The provisions of this §401.13 adopted to be effective March 8, 2001, 26 TexReg 2040.