SECTION 159.207. Continuances

(a) A request for continuance will be considered in accordance with the provisions of Texas Transportation Code §524.032(b) and (c) (relating to rescheduling a hearing upon a defendant's request), §524.039 (relating to appearance of technicians), and Texas Transportation Code §724.041(g). DPS shall immediately notify SOAH of a continuance request under Texas Transportation Code §524.032(b).

(b) A judge may grant a continuance if a subpoenaed witness is unavailable for the hearing.

(c) The granting of continuances shall be in the sound discretion of the judge, provided however, that the judge shall expedite the hearings whenever possible. A party requesting a continuance shall supply three dates on which the parties will be available for rescheduling of the hearing. The judge will consider these dates in resetting the case. Failure to include a certificate of service, a certificate of conference, and three alternative dates may result in denial of the continuance request or subsequent continuance requests in the same case.

(d) With the exception of a hearing that is rescheduled in accordance with Texas Transportation Code §524.032(b), no party is excused from appearing at a hearing until notified by SOAH that a motion for continuance has been granted.

Source Note: The provisions of this §159.207 adopted to be effective January 20, 2009, 34 TexReg 334