Current through Reg. 49, No. 45; November 8, 2024
Section 380.9553 - Level I Hearing by Telephone(a) Purpose. This rule allows for a Level I due process hearing to be conducted by telephone when doing so will not significantly diminish a youth's due process rights.(b) General Provisions. (1) A Level I hearing may be conducted by telephone only if: (A) the youth waives, in writing, the on-site presence of a hearing examiner after consulting with his/her attorney;(B) the youth's attorney notifies the TJJD Legal Department at least one working day before the scheduled hearing that the youth wishes to answer "true" to the allegation(s) against him/her;(C) the staff representative has no objection to the hearing being conducted by telephone; and(D) the appropriate authorization form has been properly executed.(2) If the hearing examiner agrees to hold the Level I hearing by telephone: (A) the hearing examiner participates by telephone;(B) the staff representative must be present with the youth at the time and place designated for the hearing; and(C) the youth's attorney may participate by telephone or be present with the youth and staff representative.(3) All required participants must be able to simultaneously hear one another.(4) A telephone hearing must be conducted according to the rules of evidence and procedure that apply to Level I hearings as set forth in § 380.9551 of this title.(5) The hearing examiner must adjourn the telephone hearing and require an on-site hearing if the hearing examiner determines that: (A) a youth is not knowingly and voluntarily responding "true" to the allegation(s) presented at the hearing; or(B) an on-site hearing is necessary for any other reason to ensure the youth's due process rights are protected.(6) The hearing examiner who adjourns a telephone hearing may subsequently conduct the on-site hearing unless the youth or the youth's attorney objects.37 Tex. Admin. Code § 380.9553
The provisions of this §380.9553 adopted to be effective December 31, 1996, 21 TexReg 12189; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; Amended by Texas Register, Volume 40, Number 37, September 11, 2015, TexReg 6154, eff. 10/1/2015