Kan. Admin. Regs. § 123-13-307

Current through Register Vol. 43, No. 46, November 14, 2024

Section 123-13-307 - Administrative review of requests for witnesses; denial of requests; issuance of summons; voluntary nature of witness appearance

(a) The disciplinary administrator or hearing officer assigned to hear the charges shall review any written requests for witnesses submitted by the accused offender according to K.A.R. 123-13-306.

(b) The disciplinary hearing officer or administrator performing a review of a written request for witnesses shall, for purposes of the review, presume the truth of the proffered testimony and may deny the request only if, in the reviewer's judgment, the testimony proffered meets any of the following criteria:

(1) Is clearly irrelevant or immaterial;

(2) is repetitious of other proffered testimony; or

(3) is properly excluded for reasons specified in K.A.R. 123-13-405a.

(c) Each denial of a request for witnesses shall be documented, including each reason for the denial, either on the request form or in the disciplinary case record.

(d) If practicable in the reviewer's judgment, the offender shall be informed, in writing and in advance of the hearing, of any denials of requested witnesses and of each reason for each denial. If informing the offender is determined not to be practicable, the offender shall be informed of any denials and the reasons for any denials by the hearing officer at the beginning of the hearing.

(e) If, following a review, there is no reason to deny the request for a witness, then the disciplinary administrator shall issue a written summons requesting that witness to appear. The appearance of a witness requested by either the reporting officer or the accused offender shall be voluntary, and neither the request nor the issuance of a summons according to this regulation shall compel an appearance. However, the issuance of a summons by a hearing officer either to an offender or to a staff member pursuant to K.A.R. 123-13-403 shall compel the appearance of the person summoned.

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

Kan. Admin. Regs. § 123-13-307

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.