La. Admin. Code tit. 1 § III-105

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-105 - Computation of Time (formerly Section 109)

A. In computing a period of time allowed or prescribed by law, the date of the act, event, or default is not included in the computation. The last day of the period is to be included, unless it is a legal holiday as defined in R.S. 1:55, in which case the period runs until the end of the next day which is not a legal holiday

B. A half-holiday is considered a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:

1. it is expressly excluded;

2. it would otherwise be the last day of the period; or

3. the period is less than seven days.

C. When one party to a case is an agency in the executive branch of state government, a legal holiday shall be excluded in the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision in accordance with C.C.P. art. 5059, unless otherwise provided by law.

La. Admin. Code tit. 1, § III-105

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:40 (January 2002), Amended LR 38:2946 (November 2012), repromulgated LR 46316 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq. and La. C.C.P art. 5059.