Texas Code of Criminal Procedure - Article 56.40. Hearings
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 56.40. Hearings
Art. 56.40. HEARINGS. (a) The attorney general shall
determine whether a hearing on an application for compensation
under this subchapter is necessary.
(b) If the attorney general determines that a hearing is not
necessary, the attorney general may approve the application in
accordance with the provisions of Article 56.41.
(c) If the attorney general determines that a hearing is
necessary or if the claimant or victim requests a hearing, 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 less than 10 days
before the date of the hearing.
(d) At the hearing the attorney general shall:
(1) review the application for assistance and the report
prepared under Article 56.39 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 subchapter.
(f) A hearing or prehearing conference is open to the public
unless in a particular case the hearing officer or attorney general
determines that the hearing or prehearing conference or a part of it
should be held in private because a criminal suspect has not been
apprehended or because it 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, but may make an emergency award under
Article 56.50.
(h) Subchapters C through H, Chapter 2001, Government Code,
do not apply to the attorney general or the attorney general's
orders and decisions.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.
Article: 56.34 56.35 56.36 56.37 56.38 56.385 56.39 56.40 56.41 56.42 56.43 56.44 56.45 56.46 56.47
Last modified: August 10, 2007
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