HA 2.02(7)(7)“Division” means the division of hearings and appeals.
HA 2.02 NoteDivision of Hearings and Appeals Note (CR 09-101): “Offender” as used in this chapter was intended to have the same meaning as “client”. A definition of “offender” will be created by future rule making.
HA 2.02(8)(8)“Revocation” means the removal of a client from probation, parole, extended supervision or youth aftercare supervision.
HA 2.02(9)(9)“Rules” means those written department regulations applicable to a specific client under supervision.
HA 2.02(10)(10)“Supervision” means the control and supervision of clients exercised by the department of corrections.
HA 2.02 HistoryHistory: Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 01-018: am. (8), Register September 2001 No. 549, eff. 10-1-01.
HA 2.03HA 2.03Service of documents.
HA 2.03(1)(1)By the division. The division may issue decisions, orders, notices and other documents by first class mail, inter-departmental mail, electronic mail or by facsimile transmission.
HA 2.03(2)(2)By a party. Unless specified otherwise by law or this chapter, materials filed by a party with the division may be delivered personally or by first class, certified or registered mail, inter-departmental mail, electronic mail or by facsimile transmission. All correspondence, papers or other materials submitted by a party shall be provided on the same date by that party to all other parties to the proceeding. No affidavit of mailing, certification, or admission of service need be filed with the division.
HA 2.03(3)(3)Filing date. Materials mailed to the division shall be considered filed with the division on the date of the postmark. Materials submitted personally or by inter-departmental mail or electronic mail shall be considered filed on the date they are received by the division. Materials transmitted by facsimile shall be considered filed on the date they are received by the division as recorded on the division facsimile machine.
HA 2.03 HistoryHistory: Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 09-101: am. Register May 2010 No. 653, eff. 6-1-10.
HA 2.04HA 2.04Witnesses and subpoenas. An attorney may issue a subpoena to compel the attendance of witnesses under the same procedure as provided by s. 805.07 (1), Stats. The secretary of the department of corrections, or any person authorized by the secretary to act in his or her stead, may issue a subpoena to require the attendance of witnesses, on behalf of the department of corrections, in any community supervision revocation proceeding as provided by s. 301.045, Stats. If a person on community supervision is not represented by an attorney, the division or the administrative law judge may issue subpoenas as provided in ch. 885, Stats.
HA 2.04 HistoryHistory: Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 09-101: am. Register May 2010 No. 653, eff. 6-1-10.
HA 2.05HA 2.05Revocation hearing.
HA 2.05(1)(1)Notice. Notice of a final revocation hearing shall be sent by the division within 5 days of receipt of a hearing request from the department to the offender, the offender’s attorney, if any, and the department’s representative. The notice shall include:
HA 2.05(1)(a)(a) The date, time, and place of the hearing;
HA 2.05(1)(b)(b) The conduct that the client is alleged to have committed and the rule or condition that the offender is alleged to have violated;
HA 2.05(1)(c)(c) A statement of the rights established under sub. (2);
HA 2.05(1)(d)(d) Unless otherwise confidential or disclosure would threaten the safety of a witness or another, a list of the potential evidence and potential witnesses to be considered at the hearing which may include any of the following:
HA 2.05(1)(d)1.1. Any documents.
HA 2.05(1)(d)2.2. Any physical or chemical evidence.
HA 2.05(1)(d)3.3. Results of a breathalyzer test.
HA 2.05(1)(d)4.4. Any statements by the offender.
HA 2.05(1)(d)5.5. Police reports regarding the allegation.
HA 2.05(1)(d)6.6. Warrants issued.
HA 2.05(1)(d)7.7. Photographs.
HA 2.05(1)(d)8.8. Witness statements.
HA 2.05(1)(e)(e) A statement that whatever information or evidence is in the possession of the department is available from the department for inspection unless otherwise confidential;
HA 2.05(1)(f)(f) In parole revocation cases: