The guiding principle in deciding whether the assistance of counsel is needed is fundamental fairness. This decision can only be made on a case by case basis, and cannot be stated in any flat policy or rule.

If in any case the prisoner or parolee needs assistance of counsel in order to be treated in a fundamentally fair manner in view of the charges brought and the individual's ability to respond to the charges, counsel should be granted, regardless of the presumption of need discussed in Section 2693.