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Texas Department of Public Safety v. Guerra4/30/1998
air and impartial hearing. Second, statutes such as section 524.032(a) are designed to promote the "proper, orderly, and prompt conduct of business." See Lewis v. Jacksonville Build. & Loan Ass'n, 540 S.W.2d 307, 310 (Tex. 1976). Our holding that section 524.032(a) is directory does not mean that the Department has unfettered discretion to hold the hearing whenever it wants. If the Department holds a hearing outside the 40 day time limit, it must show good cause for doing so. In the present case, it was a mistake on the original hearing request that caused the hearing to be held 62 days after Guerra received his notice of suspension. Under such facts, the Department should not be precluded from suspending Guerra's license. We therefore sustain the Department's point of error.
Conclusion
Having sustained the Department's point of error, we reverse the judgment of the trial court and reinstate the suspension of Guerra's license.
Reversed and Rendered
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