Upon request, the board or the board's scheduling staff shall schedule the hearing unless:

1. (1) fewer than seven calendar days have elapsed from the time the releasee received notice; or

2. (2) information has not been presented to the board or the board's scheduling staff that the releasee was served with the following:

   1. (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;
   2. (B) notice of the right to full disclosure of the evidence;
   3. (C) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;
   4. (D) notice that the releasee has the right to confront and cross-examine witnesses unless the hearing officer specifically finds good cause is shown;
   5. (E) notice that the matter will be heard by an impartial decision maker; and
   6. (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.