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.

HA 2.05(6) (6) Procedure.

HA 2.05(6)(a) (a) The hearing may be closed to the public and shall be conducted in accordance with this chapter. The administrative law judge may conduct the hearing by video conference. The hearing may also be conducted by telephone conference if all parties agree. If all parties do not agree to conduct a hearing by telephone conference, the administrative law judge may conduct the hearing by telephone conference if there is no factual dispute regarding the violations alleged by the department or when the administrative law judge determines that good cause exists to conduct the hearing by telephone conference. All witnesses for and against the offender, including the offender, shall have a chance to speak and respond to questions.

HA 2.05(6)(b) (b) The administrative law judge shall weigh the credibility of the witnesses.

HA 2.05(6)(c) (c) Evidence to support or rebut the allegation may be offered. Evidence gathered by means not consistent with ch. DOC 328 or in violation of the law may be admitted as evidence at the hearing.

HA 2.05(6)(d) (d) The administrative law judge may accept hearsay evidence.

HA 2.05(6)(e) (e) The rules of evidence other than ch. 905, Stats., with respect to privileges do not apply except that unduly repetitious or irrelevant questions may be excluded.

HA 2.05(6)(f) (f) The department has the burden of proof to establish, by a preponderance of the evidence, that the client violated the rules or conditions of supervision. A violation is proven by a judgment of conviction arising from conduct underlying an allegation.

HA 2.05(6)(g) (g) The administrative law judge may take an active role to elicit facts not raised by the client or the client’s attorney, if any, or the department’s representative.

HA 2.05(6)(h) (h) Alternatives to revocation and any alibi defense offered by the client or the client’s attorney, if any, shall be considered only if the administrative law judge and the department’s representative have received notice of them at least 5 days before the hearing, unless the administrative law judge allows a shorter notice for cause.

HA 2.05(6)(i) (i) The administrative law judge may issue any necessary recommendation to give the department’s representative and the client reasonable opportunity to present a full and fair record.

HA 2.05(7) (7) Decision.

HA 2.05(7)(a) (a) The administrative law judge shall consider only the evidence presented in making the decision.

HA 2.05(7)(b) (b) The administrative law judge shall:

HA 2.05(7)(b)1. 1. Decide whether the client committed the conduct underlying the alleged violation;

HA 2.05(7)(b)2. 2. Decide, if the client committed the conduct, whether the conduct constitutes a violation of the rules or conditions of supervision;

HA 2.05(7)(b)3. 3. Decide, if the client violated the rules or conditions of supervision, whether revocation should result or whether there are appropriate alternatives to revocation. Violation of a rule or condition is both a necessary and a sufficient ground for revocation of supervision. Revocation may not be the disposition, however, unless the administrative law judge finds on the basis of the original offense and the intervening conduct of the client that:

HA 2.05(7)(b)3.a. a. Confinement is necessary to protect the public from further criminal activity by the client; or

HA 2.05(7)(b)3.b. b. The client is in need of correctional treatment which can most effectively be provided if confined; or

HA 2.05(7)(b)3.c. c. It would unduly depreciate the seriousness of the violation if supervision were not revoked.

HA 2.05(7)(b)4. 4. Decide, if the client violated the rules or conditions of supervision, whether or not the department should toll all or any part of the period of time between the date of the violation and the date an order is entered, subject to credit according to s. 973.155, Stats.

HA 2.05(7)(b)5. 5. Decide, if supervision is revoked, whether the client is entitled to any sentence credits under s. 973.155, Stats.

HA 2.05(7)(c) (c) If the administrative law judge finds that the client did not violate the rules or conditions of supervision, revocation shall not result and the client shall continue with supervision under the established rules and conditions.

HA 2.05(7)(d) (d) The administrative law judge shall issue a written decision based upon the evidence with findings of fact and conclusions of law stating the reasons to revoke or not revoke the client’s supervision. The administrative law judge may, but is not required to, announce the decision at the hearing.

HA 2.05(7)(e) (e) If an administrative law judge decides to revoke the offender’s parole, the decision shall apply the criteria established in s. HA 2.06 (6) (b) and shall include a determination of:

HA 2.05(7)(e)1. 1. Good time forfeited, if any, under ch. 302, Stats., and, for mandatory release parolees, whether the offender may earn additional good time; or

HA 2.05(7)(e)2. 2. The period of reincarceration, if any, under ch. 302, Stats.

HA 2.05(7)(f) (f) If an administrative law judge decides to revoke a period of extended supervision under s. 302.113 (9) (am), Stats., the administrative law judge shall include a determination of the period of reconfinement taking into consideration the following criteria:

HA 2.05(7)(f)1. 1. The nature and severity of the original offense;