The director of paroles, hearings, and clemency or the designee of the director of paroles, hearings, and clemency, 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.