HA 2.05(1)(h) (h) In extended supervision cases under s. 302.114 (9) (am), Stats., for persons serving a life sentence, the department’s recommended period of time for which the person shall be reconfined before being released again to extended supervision.

HA 2.05(2) (2) Amendments. Any notice information required under s. HA 2.05 (1) may be amended and additional allegations may be added by the department if the client and the attorney, if any, are given written notice of the amendment at least 5 days prior to the hearing and the amendment does not materially prejudice the client’s right to a fair hearing.

HA 2.05(3) (3) Offender’s rights. The offender’s rights at the hearing include any of the following:

HA 2.05(3)(a) (a) The right to attend the hearing in person or by electronic means.

HA 2.05(3)(b) (b) The right to deny the allegation.

HA 2.05(3)(c) (c) The right to be heard and to present witnesses.

HA 2.05(3)(d) (d) The right to present documentary evidence.

HA 2.05(3)(e) (e) The right to question witnesses.

HA 2.05(3)(f) (f) The right to the assistance of counsel.

HA 2.05(3)(g) (g) The right to waive the hearing.

HA 2.05(3)(h) (h) The right to receive a written decision stating the reasons for it based upon the evidence presented.

HA 2.05(4) (4) Time.

HA 2.05(4)(a) (a) If a client is detained in a county jail or other county facility pending disposition of the hearing, the division shall begin a hearing within 50 calendar days after the person is detained by the department in the county jail or county facility. If not so detained, the hearing shall begin within a reasonable time from the date the hearing request is received.

HA 2.05(4)(b) (b) A hearing may be rescheduled or adjourned for good cause taking into consideration the following factors:

HA 2.05(4)(b)1. 1. The timeliness of the request;

HA 2.05(4)(b)2. 2. The reason for the change;

HA 2.05(4)(b)3. 3. Whether the client is detained;

HA 2.05(4)(b)4. 4. Where the client is detained;

HA 2.05(4)(b)5. 5. Why the client is detained;

HA 2.05(4)(b)6. 6. How long the client has been detained;

HA 2.05(4)(b)7. 7. Whether any party objects;

HA 2.05(4)(b)8. 8. The length of any resulting delay;

HA 2.05(4)(b)9. 9. The convenience or inconvenience to the parties, witnesses and the division; and

HA 2.05(4)(b)10. 10. Whether the client and the client’s attorney, if any, have had adequate notice and time to prepare for the hearing.

HA 2.05(4)(c) (c) Any party requesting that a hearing be rescheduled shall give notice of such request to the opposing party.

HA 2.05(5) (5) Protection of a witness.

HA 2.05(5)(a) (a) The identity of a witness may be withheld from the client if disclosure of the identity would threaten the safety of the witness or another.

HA 2.05(5)(b) (b) Testimony of a witness may be taken outside the presence of the client when there is substantial likelihood that the witness will suffer significant psychological or emotional trauma if the witness testifies in the presence of the client or when there is substantial likelihood that the witness will not be able to give effective, truthful testimony in the presence of the client at hearing. The administrative law judge shall indicate in the record that such testimony has been taken and the reasons for it and must give the client an opportunity to submit questions to be asked of the witness.

HA 2.05(5)(c) (c) The hearing examiner [administrative law judge] shall give the client and the client’s attorney an opportunity on the record to oppose protection of a witness before any such action is taken.