The board administrator or the designee of the board administrator, shall weigh the following factors in determining whether the releasee is to be appointed an attorney:

1. (1) whether the releasee is indigent;
2. (2) whether the releasee lacks the ability to articulate or present a defense or mitigation evidence in response to the allegations; and
3. (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.