Kan. Admin. Regs. § 123-13-502a

Current through Register Vol. 43, No. 24, August 22, 2024

Section 123-13-502a - Hearing record

A complete written record shall be made of the disciplinary hearing by the hearing officer who conducted the hearing. The written record shall include the following information:

(a) A summary of the disciplinary hearing showing compliance with the provisions of K.A.R. 123-13-403, K.A.R. 123-13-404, and K.A.R. 123-13-405a;

(b) if the offender pleads guilty or no contest, a summary of compliance with the provisions of K.A.R. 123-13-101a and K.A.R. 123-13-403, including attachment of the required waiver form and acceptance of the plea by the hearing officer;

(c) a complete summary of all the evidence and arguments relied on to find the offender guilty of the charge at the conclusion of the hearing, including the following:

(1) A summary of the testimony or sworn statement of the reporting officer, subject to the applicable provisions of K.A.R. 123-13-403;

(2) a summary of the testimony or sworn statements of all other witnesses;

(3) any investigative reports;

(4) a list of all physical evidence;

(5) a list of any witnesses whose testimony was requested and denied and the reasons for that denial;

(6) the reasons for the denial of confrontation and cross-examination of any witness by the offender; and

(7) the reasons for the denial of any request for assistance by the offender at any stage of the hearing; and

(d) the disposition of the case provided for in K.A.R. 123-13-406, including a summary of the evidence and arguments heard and the reasons for the penalties imposed during the penalty phase of the hearing.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-13-502a

Authorized by and implementing K.S.A. 38-16,130, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.