| (a) The Hearing Officer may determine whether a witness
may be excused under the rule that excludes witnesses from the hearing.
(1) In no event shall the Hearing Officer exclude from
the hearing a party under the authority of this section. For these
purposes, the term "party" means the definition in §141.111 of
this title (relating to Definition of Terms) and includes:
(A) the releasee;
(B) the releasee's attorney; and
(C) no more than one representative of the TDCJ Parole
Division who has acted or served in the capacity of supervising, advising,
or agent officer in the case.
(2) In the event it appears to the Hearing Officer
that an individual who is present at the hearing and intended to be
called by a party as a witness has no relevant, probative, noncumulative
testimony to offer on any material issue of fact or law, then the
Hearing Officer, in his sound discretion, may determine that such
individual should not be placed under the rule and excluded from the
hearing.
(b) All witnesses who testify in person are subject
to cross-examination unless the Hearing Officer specifically finds
good cause for lack of confrontation and cross-examination.
(c) Witnesses personally served with a subpoena and
who fail to appear at the hearing, and upon a favorable good cause
determination by the Hearing Officer, may present testimony by written
statement.
|
| Source Note: The provisions of this §147.5 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective August 11, 2016, 41 TexReg 5763; amended to be effective February 13, 2024, 49 TexReg 718 |
