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 2.04HA 2.04 Witnesses 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 2.05HA 2.05 Revocation 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)(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)(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)(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)1.1. The department’s recommendation for forfeiture of good time and any sentence credit in accordance with s. 973.155, Stats.; or

HA 2.05(1)(f)2.2. The department’s recommendation for a period of reincarceration and any sentence credit in accordance with statutes.

HA 2.05(1)(g)(g) In extended supervision cases under s. 302.113 (9) (am), Stats., the department’s recommended period of reconfinement.

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.