Tex.
Code of Crim. Proc. Article 56B.056
Hearings and Prehearing Conferences
(a)
The attorney general shall determine whether a hearing on an application for compensation under this chapter is necessary.(b)
On determining that a hearing is not necessary, the attorney general may approve the application in accordance with Article 56B.057 (Approval of Application).(c)
On determining that a hearing is necessary or on request for a hearing by the claimant or victim, the attorney general shall consider the application at a hearing at a time and place of the attorney general’s choosing. The attorney general shall notify all interested persons not later than the 10th day before the date of the hearing.(d)
At the hearing the attorney general shall:(1)
review the application for compensation and any report prepared under Article 56B.055 (Mental or Physical Examination; Autopsy) and any other evidence obtained as a result of the attorney general’s investigation; and(2)
receive other evidence that the attorney general finds necessary or desirable to evaluate the application properly.(e)
The attorney general may appoint hearing officers to conduct hearings or prehearing conferences under this chapter.(f)
A hearing or prehearing conference is open to the public unless the hearing officer or attorney general determines in a particular case that all or part of the hearing or conference should be held in private because a criminal suspect has not been apprehended or because a private hearing or conference is in the interest of the claimant or victim.(g)
The attorney general may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent, except that the attorney general may make an emergency award under Article 56B.102 (Emergency Award).(h)
Subchapters C through H, Chapter 2001 (Administrative Procedure), Government Code, do not apply to the attorney general or the attorney general’s orders and decisions.
Source:
Article 56B.056 — Hearings and Prehearing Conferences, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.56B.htm#56B.056 (accessed Jun. 5, 2024).
