1. (a) The Commission shall determine the filing date of a wage claim as the date delivered in person to the Commission, the date faxed to and received by the Commission at a fax number designated by the Commission, or the date of a mailed wage claim based on the following:

   1. (1) The postmark date of a wage claim properly addressed shall establish by a rebuttable presumption the date upon which the wage claim was filed unless the party opposing this presumption presents evidence to establish some other filing date.
   2. (2) Absent a postmark or evidence establishing some other filing date, the date of receipt by the Commission shall control.
2. (b) The Commission shall suspend the time limit for filing a wage claim only for those reasons required by law including, but not limited to, bankruptcy stays.

Source Note:The provisions of this §821.42 adopted to be effective June 1, 1998, 23 TexReg 5732; amended to be effective March 13, 2007, 32 TexReg 1328; amended to be effective September 20, 2010, 35 TexReg 8506.