Kan. Admin. Regs. § 123-13-202

Current through Register Vol. 43, No. 49, December 5, 2024

Section 123-13-202 - Amendment of the charge

(a) If, in the judgment of the disciplinary administrator, hearing officer, or superintendent during administrative review, the charge is incorrect or a language change would change the substance of the charge or adversely affect the defense, the charge shall be amended and notice given to the offender. After this notice is given, the offender shall have the same period of time between notice and hearing to prepare a defense that would have been permitted when the charge was originally made.

(b) The same charge shall not be brought twice on the same facts under any circumstance if a factual finding of guilt or innocence has been made.

(c) After the hearing officer has begun to hear evidence in the case, the hearing officer may permit amendment at any time before a factual finding of guilt or innocence has been made if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.

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

Kan. Admin. Regs. § 123-13-202

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.