Section 1360-04-01-.04 - TIME(1) In computing any period of time prescribed or allowed by statute, rule, or order, the date of the act, event, or default, after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, state-observed holiday, or other non-business day, in which event the period runs until the end of the next business day. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, state-observed holidays, and other non-business days shall be excluded in the computation.(2) Except in regard to petitions for review under T.C.A. §§ 4-5-315, 4-5-317, and 4-5-322, or when otherwise prohibited by law, when an act is required or allowed to be done at or within a specified time, the agency or the administrative judge 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 exparte communications concerning any issue in the proceeding that would be prohibited by T.C.A. § 4-5-304.Tenn. Comp. R. & Regs. 1360-04-01-.04
Original rule filed November 22, 1978; effective January 8, 1979. Amendment filed May 23, 1984; effective June 22, 1984. Repeal and new rule filed November 25, 1986; effective January 9, 1987. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 4-5-219 and 4-5-321.