(c) The notice shall state that at a preliminary and a final hearing the releasee:

1. (1) has the right to appear and speak in their own behalf;
2. (2) has the right to introduce letters and documents;
3. (3) may present witnesses who can give relevant information to the presiding officer;
4. (4) has the right to confront and cross-examine the witnesses against them, unless the releasee has been convicted of a new crime while on supervision or unless the presiding officer finds good cause for their nonattendance;
5. (5) has the right to representation by counsel; and
6. (6) has, at a final revocation hearing only, the right to present mitigating evidence relevant to the restoration to supervision.

(e) Following approval of prosecution of violation charges and except where a parole warrant is issued, the notice of violation, or the board or department by other means, shall direct the releasee to appear in response to the notice at a specified date and time, and location or manner, which may be the preliminary hearing, or final hearing if a preliminary hearing is not required, or earlier.

1. (1) The direction that the releasee appear in initial response to the notice may be a condition of release and/or instruction from the parole officer. Notwithstanding section 8004.7 of this Part, the discretionary inclusion of any charge alleging a violation of the direction shall not provide basis for the issuance of a parole warrant for retaking and temporary detention in any case that, without such charge, would not have been eligible for the issuance of a warrant or eligible for the issuance of a warrant if the releasee failed to appear within 48 hours of the time designated for response, nor shall such inclusion otherwise result in the releasee being subject to reincarceration as set forth in the Executive Law should that violation be sustained at a final hearing within such case. No charge alleging a violation of this direction may be sustained where service of the notice of violation was pursuant to subdivision (g) of this section unless the relevant charge(s) alleging the releasee to have absconded from supervision are not sustained.
2. (2) The notice of violation, or the board or department by other means, may also direct, as a condition of release, that the releasee appear at all or any preliminary and final revocation proceedings and any adjourned or continuation appearances therefrom. Where such proceedings follow or are scheduled for after the date for initial response to the notice of violation and the releasee has appeared in response to such notice, any violation of such direction may be included as a charge in the matter and may provide basis, in whole or in part and in accordance with section 8004.7 of this Part, for the issuance of a parole warrant for retaking and temporary detention of the releasee, or for the retaking of the releasee into custody under a warrant already issued.
3. (3) Direction to appear in response to a notice of violation shall not occur until such notice or the charges of violation are produced, provided, however, that such direction may occur prior to the production of the notice where the department reasonably believes that its formal completion will be imminent absent mitigating circumstances.