(a) All hearings on matters not confidential or privileged by law, or both, shall be open to the public.

(b) Appropriate federal and state constitutional provisions, statutes, regulations, and judicial precedent establishing the confidential or privileged nature of information presented shall be given effect by the Hearing Officer.

(c) To effect this provision, the Hearing Officer shall have the authority to close the hearing to the extent necessary to protect against the improper disclosure of confidential privileged information.

(d) If the Hearing Officer closes the hearing pursuant to this section, in no event shall the Hearing Officer exclude from the hearing a party as defined by §141.111 of this title (relating to Definition and Terms) and includes:

(1) the releasee;

(2) the releasee's attorney;

(3) the releasee's interpreter;

(4) Board Member or Board employee;

(5) TDCJ employee;

(6) County jail employee; and

(7) Prosecuting attorney.

(e) When the Hearing Officer closes the hearing, the Hearing Officer shall announce on the record that the hearing will be closed to the public to protect the confidential or privileged information being introduced into evidence. After the confidential or privileged evidence is obtained, the Hearing Officer shall open the hearing to the public and announce the same on the record.

Source Note: The provisions of this §147.1 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 5, 2015, 40 TexReg 442; amended to be effective August 11, 2016, 41 TexReg 5763; amended to be effective February 13, 2024, 49 TexReg 718