(a) Upon request, the Board or the Board's scheduling staff shall schedule a preliminary hearing unless:
(1) more than fourteen calendar days have elapsed from the time the warrant is executed; or
(2) information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:
(b) For the purposes of subsection (a)(1) of this section, a warrant is executed if:
(1) the releasee is arrested only on a charge that the releasee has committed a violation of a condition of parole or mandatory supervision and is not charged before the 91st day with the commission of an offense; or
(2) the sheriff having custody of the releasee notifies the division that the releasee has discharged the sentence or that the prosecutor has dismissed the charge under Article 32.02, Code of Criminal Procedure.
(c) If the Board or the Board's scheduling staff receives a request for a preliminary hearing later than the fourteenth calendar day following the provisions described in subsection (a)(1) of this section, the Board or the Board's scheduling staff shall require the requestor to provide an explanation of the delay.
Source Note: The provisions of this §146.6 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 18, 2009, 34 TexReg 1097; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 12, 2019, 44 TexReg 2269; amended to be effective November 8, 2023, 48 TexReg 6468