Tenn. Comp. R. & Regs. 1240-05-03-.06 - TIME

(1) In computing any period of time prescribed or allowed by statute, rule, or order, the time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall also be excluded. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. The Notice of Hearing will provide notice of this provision or inform the applicants/recipients of the specific calendar dates by which certain actions must be taken.

(2) Except in regard to petitions for appeal, reconsideration or review under T.C.A. §§ 4-5-315, 4-5-317 and 4-5-322, or except where otherwise prohibited by law, when an act is required or allowed to be done at or within a specified time, the hearing official may, at any time-

(a) With or without motion or notice, order the period enlarged if the request is made before the expiration of the period originally prescribed or as extended by previous order; or

(b) Upon motion made after the expiration of the specified period, permit the act to be done late, where the failure to act was the result of excusable neglect. Nothing in this section shall be construed to allow any ex parte communications concerning any issue in the proceeding that would be prohibited by T.C.A. § 4-5-304.

(3) Any waiver of the time limits in State Rule 1240-5-3-.03 is subject to the approval of the Commissioner or his/her designated representative.

Notes

Tenn. Comp. R. & Regs. 1240-05-03-.06

Original rule filed February 26, 2007; effective May 12, 2007.

Authority: T.C.A. §§ 1-3-102, 4-5-202, 4-5-219, 71-1-105(12) and 71-1-111.