Upon request, the Board or the Board's scheduling staff shall schedule the hearing unless:
  (1) fewer than seven calendar days have elapsed from the time the releasee received notice; or
  (2) information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:
    (A) notice of the right to a hearing, the purpose of which is to determine whether sex offender conditions may be imposed as a special condition of the release;
    (B) notice of the right to full disclosure of the evidence;
    (C) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;
    (D) notice that the releasee has the right to confront and cross-examine witnesses unless the Hearing Officer specifically finds good cause is shown;
    (E) notice that the matter will be heard by an impartial decision maker; and
    (F) opportunity to waive in writing the right to a hearing.

Source Note: The provisions of this §148.51 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480