Computation of Effective Dates

PURPOSE: This rule sets standards for computation of effective dates of any order or time prescribed by the division. (1) In computing any period of time prescribed or allowed by the Missouri Department of Transportation Motor Carrier Services Division, the day that the division order is issued is not to be included. The last day of the period will be included unless it falls on a Saturday, Sunday, or state holiday in which case it is extended to the end of the next working day. (2) When the period of time prescribed or allowed is less than seven (7) days, Saturdays, Sundays, and legal holidays falling within the period will be excluded and the period will be extended accordingly. (3) In computing the effective date of any order of the division, the order is considered effective at 12:01 a.m. on the effective date designated in the order, whether or not the date is a Sunday or legal holiday. (4) When an act is required or allowed to be done at or within a specified time, the Administrative Hearing Commission, at its discretion, may— (A) Order the period enlarged if a request is made before the expiration of the period originally prescribed or extended by a previous order; or (B) Permit the act to be done after the expiration of the specified period, if good cause is shown unless the lapse of that time period causes the division to lose jurisdiction over the matter or case. AUTHORITY: section 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-2.050. Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed July 31, 1986, effective Oct. 27, 1986. Moved to 7 CSR 265-10.051 and amended: Filed Oct. 14, 2016, effective July 30, 2017. *Original authority: 622.027, RSMo 1985, amended 1993, 1995.