The Board Administrator or designee shall weigh the following factors in determining whether the releasee is to be appointed an attorney:
  (1) whether the releasee is indigent;
  (2) whether the releasee lacks the ability to articulate or present a defense or mitigation evidence in response to the allegations; and
  (3) the complexity of the case and whether the releasee admits the alleged violations.

Source Note: The provisions of this §146.3 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972