Library: Policy

340:2-5-63. Time

Revised 9-15-14

          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  • 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 15 years of age 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 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. 

INSTRUCTIONS TO STAFF 340:2-5-63

Revised 9-15-14

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

2.Example:If a TANF client is handed a termination notice on June fourth the first day of the 30 day period within which the client can make a hearing request is June fifth.Since the 30^th day falls on July fourth, which is a holiday, the client is allowed to file his or her appeal as late as the end of the next business day, July fifth.

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