The appellant in this license suspension case argues that the county court at law erred in affirming the administrative law judge's decision because he was entitled to a continuance of the ALJ hearing after receiving the affidavit of the custodian of records for the Texas Breath Alcohol Testing Program only two days before the hearing. Although there is no bright-line test, provisions which are primarily for the purpose of promoting proper, orderly, and prompt conduct of business are not generally regarded as mandatory. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-12-00439-CV, 07-23-2013.
Patel v. Texas Department of Public Safety
Tex. App. Dist. 1
August 6, 2013