Current through Vol. 42, No. 1, September 16, 2024
In computing any period of time prescribed or allowed by
this Part, the day of the act, or event, from which the designated period of
time begins to run is not included. The last day of the period so computed is
included, unless it is a weekend, or a legal holiday as defined by the Oklahoma
Statutes. Unless otherwise noted, all time periods are calendar days.
(1) Items received by the client from the
Oklahoma Department of Human Services (DHS) for:
(A) mailed items:
(i) time deadlines begin with the second day
on which mail is delivered after the date of mailing to the client's last known
address; and
(ii) items are
considered mailed on the date on the notice, determination, or decision unless
otherwise indicated by the facts, such as the postmark on the envelope
containing the item mailed; and
(B) items delivered in person:
(i) time deadlines begin with the day after
the date of delivery to the client; and
(ii) items are considered delivered to the
client on the date the item is:
(I) given to
the client or authorized representative; or
(II) left at the client's last known address
with a person who is 15 years of age or older.
(2) Items are considered received
by DHS from the client if transmitted:
(A)
via the United States Postal Service (USPS), on the date it is mailed. The
mailing date is:
(i) shown by the
postmark;
(ii) in the absence of a
postmark, the postage-meter mark on the envelope in which it is received;
or
(iii) if not postmarked or
postage-meter marked, or if the mark is illegible, the date received by DHS;
or
(B) by means of the
United Parcel Service, Inc. (UPS), FedEx, or a similar entity:
(i) on the date shown on the package, or
document attached by the delivering entity to the outside of the package, that
the item was entrusted to the delivering entity; or
(ii) in the absence of such date, on the date
of receipt by DHS; or
(C) by any means not listed in paragraph (2)
of this Section, on the date it is received by DHS.
(3) The submission by a client of any item
beyond the specified time period is considered timely if the administrative
hearing officer is satisfied that the delay is due to a cause that is beyond
the control of the client.
Added at 19 Ok Reg
2199, eff 6-27-02
