OKDHS - OAC 340:2-5-63. Time

340:2-5-63. Time

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Issued 06-27-02

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.

(1) Items received by the client from the Department of Human Services (DHS) for:

(A) mailed items:

(i) time deadlines begin with the day 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 • 1

(B) items delivered in person:

(i) time deadlines begin with the day after the date of delivery to the client; and • 2
(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 age 15 years or older. • 3

(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 will be:

(i) as 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 any means other than the USPS, on the date it is received by DHS.

(3) The submission by a client of any item beyond the specified time period are considered timely if the administrative hearing officer is satisfied that the delay is due to cause which is beyond the control of the client.

INSTRUCTIONS TO STAFF 340:2-5-63

1. Example: If a Temporary Assistance to Needy Families (TANF) termination notice is generated on August 31^st, but the postmark on the envelope in which the notice was mailed is September 5^th, the first day of the 30 day period within which the client can make a request for hearing is September 6^th. The 30^th day of the appeal period is October 6th^th.

2. Example: If a TANF client is handed a termination notice on Wednesday, October 25^th, the first day of the 30 day period within which the client can make a hearing request is Thursday, October 26^th. Since the 30^th day falls on Friday, November 24^th, which is a holiday, the client is allowed to file his or her appeal as late as the end of the next business day, Monday, November 27^th.

3. Leaving an item on the client's door, mailbox, or similar location does not constitute delivery to the client.

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