(a) The releasee or releasee's attorney shall have
30 days from the date of the parole panel's decision to request a
reopening of the case for any substantial error in the process.
(b) A request to reopen the hearing submitted later
than 30 days from the date of the parole panel's decision will not
be considered unless under exceptional circumstances including but
not limited to:
(1) judicial order requiring a hearing;
(2) initial decision was made without opportunity for
a hearing or waiver.
(c) Any such request for reopening made under this
section must be in writing and delivered to the Board or placed in
the United States mail and addressed to the Texas Board of Pardons
and Paroles, General Counsel, 8610 Shoal Creek Blvd., Austin, Texas
78757.
(d) On transmittal, a parole panel designated by the
Chair other than the original parole panel shall dispose of the motion
by:
(1) granting of the motion and ordering that the hearing
be reopened for a stated specified and limited purpose;
(2) denial of the motion; or
(3) reversal of the parole panel decision previously
entered.
(e) The releasee and attorney, if any, shall be notified
in writing of the parole panel's decision.
(f) When a releasee's motion to reopen the hearing
under this section is granted, the releasee shall be deemed to have
consented to such further reasonable delay in the final disposition
of his or her case as shall be required for the procedure under §148.55
of this title (relating to Procedure after Motion to Reopen Is Granted;
Time; Rights of the Releasee; Final Disposition).
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Source Note: The provisions of this §148.54 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480 |