Time—Computation and Enlargement

PURPOSE: This rule establishes a uniform interpretation of the dates on which certain actions otherwise required by law, regulation or order are required to occur. (1) Computation. In computing any period of time prescribed or allowed by Chapter 369, RSMo, by regulation of the division or by order of the director of the division, the day of the act, event or default after which the designated period of time begins to run is not counted or included; and the last day of the prescribed or allowed period is counted and included unless that last day is a Saturday, Sunday or legal holiday or is a day during any time of which between 8:00 a.m. and 5:00 p.m. the office of the division is closed for business in accordance with the provisions of an order of the governor, in which event the period runs until the end of the next day which is not such a day. (2) Enlargement. Unless prohibited by statute and except in the case of time periods otherwise prescribed by law or regulation for the filing of documents protesting the approval of petitions for charters or branch facilities, or giving notice of an appeal from a decision of the director or protesting the promulgation of a regulation of the division, the director, for good cause shown, in his/her discretion may enlarge this period of time— (A) On his/her own order; (B) On request of any association in matters other than contested cases; (C) On request of any party in a contested case made prior to the expiration of the time originally prescribed and after notice to the other parties; or (D) On written motion of any party to a contested case, with notice to the other parties, made after the expiration of the time originally prescribed or allowed, when the failure to act was the result of excusable neglect. (3) Filing Deemed to Occur. Documents required or allowed to be filed in contested cases, other than the document giving rise to the contest and the document giving notice of an appeal from a decision in the matter, shall be considered filed as of the date a copy is mailed to the division and to all other parties as certified on the document by an attorney representing the party filing the document. AUTHORITY: section 369.299, RSMo 1994.* This rule originally filed as 4 CSR 260-2.020. This rule previously filed as 4 CSR 14014.020. Original rule filed July 14, 1978, effective Nov. 13, 1978. Changed to 4 CSR 140-14.020, effective July 6, 1994. Moved to 20 CSR 1140-14.020, effective Aug. 28, 2006. *Original authority: 369.299, RSMo 1971, amended 1994.