37 TAC § 380.9553. Level I Hearing by Telephone, DIVISION 2. DUE PROCESS HEARINGS

(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.