Section 157.4 - Computation of Time; Mailbox Rule(a) Computation of Time. The following rules apply when computing any time period specified in Chapters 153, 157 or 159, or in any statute that does not specify a method of computing time: (1) Exclude the day of the event that triggers the time period;(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and(3) Include the last day of the period, except if the last day of the period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.(4) If the Board is closed on the last day of the period as computed under subsection (a)(3) of this section, then the time period is extended to the first day the Board is open that is not a Saturday, Sunday, or legal holiday.(b) Mailbox rule. (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) 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) Presumption of receipt. Unless proven by evidence submitted to the contrary, a rebuttable presumption that respondent or applicant received proper notice from the Board will arise: (A) immediately after sending electronic mail to the respondent's or applicant's email address as shown in the Board's records; or(B) three business days after the date the notice is deposited with the United States Postal Service.(4) Failure to claim or refusal of properly addressed certified or registered mail does not support a finding of nonreceipt.(c) Definitions. For purposes of this section, the following definitions apply:(1) Last day - Unless a different time is set in statute or Board order, the last day ends:(A) For electronic filing, at midnight in the Board's time zone;(B) For filing by other means, when the Board's office is scheduled to close.(2) Next day - The next day is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.(3) Legal holiday - the term "legal holiday" includes:(A) a national holiday as defined in Government Code § 662.003(a);(B) a state holiday as defined in Government Code § 662.003(b); and(C) any day declared a holiday by the President or the Governor.22 Tex. Admin. Code § 157.4
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 by Texas Register, Volume 43, Number 19, May 11, 2018, TexReg 3096, eff. 5/14/2018; Amended by Texas Register, Volume 44, Number 08, February 22, 2019, TexReg 0832, eff. 3/3/2019; Amended by Texas Register, Volume 47, Number 20, May 20, 2022, TexReg 3047, eff. 5/26/2022