Kan. Admin. Regs. § 123-13-402

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

Section 123-13-402 - Continuing the hearing; recesses; time limits; extensions

(a) The disciplinary administrator or hearing officer may grant one or more continuances or recesses of reasonable length upon application of the offender, reporting officer, or juvenile justice authority for cause shown.

(b) The hearing officer may also continue the case for a reasonable period, as necessary, subject to the review of the status of the case every 30 days, if any one of the following conditions is met:

(1) The offender or the reporting employee is unable to appear for medical or psychiatric reasons as certified by the facility or other licensed physician or psychiatrist.

(2) There is a delay to await determination of whether the case will go to trial in a court of law or to await the outcome of a trial.

(3) There is an unavoidable delay to await the return of evidence from an analysis laboratory.

(4) The offender is temporarily transferred outside the facility setting and is expected to return after a brief absence.

(5) The offender is on "escape" status. At the hearing officer's discretion, the case may be dismissed or heard in absentia on the record, unless the offender has been apprehended and is available at a known location for return to the physical custody of the juvenile justice authority for the hearing within six months.

(c) To obtain a continuance in advance of the hearing, the requesting party shall make the request to the hearing officer or to the disciplinary administrator. If there is a hearing officer appointed for the case, the request shall be forwarded to that officer.

(1) Reasonable extensions may be obtained with the prior approval of the commissioner or the commissioner's designee, in the case of a substantial disruption of order in the facility.

(2) If an offender has been transferred to another facility, it shall be the responsibility of the superintendent of the sending facility to grant an extension of the disciplinary case. This extension shall not exceed 10 working days.

(3) The facts justifying an extension shall be examined, fully documented, and approved personally by the superintendent.

(4) At the discretion of the hearing officer, one or more recesses of appropriate and reasonable length may be declared.

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

Kan. Admin. Regs. § 123-13-402

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.