(a) A Hearing Officer shall have the following authority:
(1) to administer oaths;
(2) to examine witnesses;
(3) to rule on the admissibility of evidence;
(4) to rule on motions and objections;
(5) to recess any hearing from time to time and place
to place;
(6) to reopen, upon request of a parole panel, or reconvene,
or both, any hearing;
(7) to issue on behalf of the Board subpoenas and other
documents authorized by and signed by a Board Member in accordance
with statutory authority;
(8) to maintain order and decorum throughout the course
of any proceedings;
(9) to collect documents and exhibits comprising the
record of the hearing;
(10) to prepare the report of the hearing to the parole
panel for disposition of the case; and
(11) to determine the weight to be given to particular
evidence or testimony and to determine the credibility of witnesses.
(b) If a Hearing Officer fails to complete an assigned
case, another Hearing Officer may complete the case without the necessity
of duplicating any duty or function performed by the previous Hearing
Officer.
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Source Note: The provisions of this §148.42 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 |