WAC 137-68-040   Preliminary hearing -- Conduct.  (1) The hearing shall be conducted by a hearing officer as defined in WAC 137-68-010(12).

     (2) The hearing shall be closed to the public.

     (3) The proceedings at the hearing shall be recorded.

     (4) The hearing officer shall explain the purpose of the hearing, have the specified charges read aloud, and verify that the procedures specified in WAC 137-68-030 have been followed.

     (5) A supervising parole officer shall be present at the hearing, submit the written report of the alleged violations in evidence, and testify as to the violations.

     (6) Any person may give testimony relevant to the alleged violation or violations, introduce evidence including affidavits, and question other persons subject to the limitations in subsection (7) of this section.

     (7) The detained or arrested probationer or parolee shall have the right to confront and examine any person who may have made allegations or given evidence against him or her unless the hearing officer determines that such a confrontation would present a substantial present or subsequent danger of harm to such person. In such instance a written general summary or the evidence, without disclosure of the identity of the witness, shall be provided to the probationer or parolee at the hearing. He or she shall have the opportunity to submit evidence relevant to or controverting any information contained in the summary.

     (8) The hearing may be recessed for time sufficient for the hearing officer to consider the evidence and reach a decision on the issue of probable cause.

     (9) The hearing officer shall render this decision on the probable cause based solely on the evidence presented at the hearing.

     (10) If probable cause is found the hearing officer may receive additional evidence and argument relevant to recommendations.



[Statutory Authority: RCW 9.95.270. 83-01-139 (Order 82-20), § 137-68-040, filed 12/22/82. Formerly WAC 275-102-490.]