| (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).
(b) A judge may grant a continuance if the motion is
supported by good cause, consent of the parties, or operation of law.
(c) With the exception of a hearing that is rescheduled
in accordance with Texas Transportation Code § 524.032(b), 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 may file a written motion
or present the motion orally at the hearing. The motion shall include:
(1) the specific reason for the continuance;
(2) a statement of the number of motions for continuance
previously filed in the case by each party; and
(3) for written motions, a certificate of service and
a certificate of conference as required by §159.205 of this title
(relating to General Request for Relief). Failure to include a certificate
of service and a certificate of conference when filing a motion for
continuance 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.
(e) Responses to a motion for continuance, if any,
should be promptly submitted in writing, except a response to a motion
for continuance made on the date of the hearing may be presented orally
at the hearing.
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