Kan. Admin. Regs. § 123-13-701

Current through Register Vol. 43, No. 45, November 7, 2024

Section 123-13-701 - Administrative review

(a) In each class I and class II offense case, a case review shall be conducted by the superintendent within seven working days after the preparation of the disciplinary hearing record. The record shall be reviewed to determine whether the proceeding was conducted in compliance with the disciplinary procedure. The review shall not include the presentation of further arguments from either side. Based upon the review, any of the following actions shall be taken by the superintendent:

(1) Approving the decision;

(2) disapproving the decision;

(3) amending the charge in accordance with the provisions of K.A.R. 123-13-202 and remanding the case to the hearing officer;

(4) disapproving the decision and dismissing the case;

(5) reducing the penalty;

(6) remanding the case to the hearing officer and ordering a new hearing; or

(7) remanding the case to the hearing officer for clarification of the record and returning the case to the superintendent for further consideration.

If applicable, the disposition of any personal property that has been found to be the subject of a violation of one or more disciplinary regulations in accordance with K.A.R. 123-5-111 shall be made by the superintendent.

(b) The offender shall be notified by the superintendent of the results of the review by service of a copy of the disciplinary case record in a timely manner. Service shall occur without unnecessary delay but not later than seven working days after the review. The date of the review shall not be counted.

(c) In each class III case, an impartial employee of suitable rank and experience shall be designated by the superintendent to perform the review. The employee designated shall not be the person who was the hearing officer, a person involved as a witness or investigator, or a reporting officer. The review shall be conducted following the same procedures as those specified in subsection (a). The employee conducting the review shall have the same responsibilities and authority as those assigned to the superintendent in subsection (a).

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

Kan. Admin. Regs. § 123-13-701

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.