1. (a) The parole panel or designee of the board shall conduct the revocation hearing. The purpose of the revocation hearing is to consider the evidence offered pursuant to an allegation of a violation of a condition of parole or mandatory supervision. The parole panel or designee of the board must determine whether it is shown by a preponderance of the credible evidence that the releasee violated a condition of parole or mandatory supervision.
2. (b) The revocation hearing shall not proceed to the mitigation phase unless it is determined by the parole panel or designee of the board by a preponderance of the credible evidence that the releasee did violate a condition of parole or mandatory supervision.

3. (c) At the close of the hearing or within a reasonable time thereafter, the parole panel or designee of the board shall collect, prepare and forward to a parole panel or to the board administrator if the hearing was held pursuant to the Interstate Compact Agreement:

   1. (1) all documents and exhibits offered or admitted into evidence at the hearing;
   2. (2) a summary report of the hearing separately setting out findings of fact relative to the alleged violation of a condition of parole or mandatory supervision, based on a preponderance of the credible evidence, which includes statements of the evidence relied upon in reaching said finding; and
   3. (3) the tape recording of the hearing.

Source Note:The provisions of this §146.9 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective October 29, 2000, 25 TexReg 10570.