Kan. Admin. Regs. § 123-13-406

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

Section 123-13-406 - Disposition

(a) The disposition shall be rendered by the hearing officer in an official session with the offender present unless otherwise provided by law or regulation. The disposition shall be made without unreasonable delay following the hearing, preferably at the conclusion of the hearing.

(b) The disciplinary hearing officer may perform either of the following:

(1) Impose a sentence of a specific number of days, within the limits set in the disciplinary code; or

(2) in the case of multiple offenses, order the sentences for two or more violations to be served on a concurrent or consecutive basis. If the hearing officer makes no specific order in this regard, the sentences shall be computed on a concurrent basis.

(c) The hearing officer may suspend all or part of the sentence imposed.

(d) The hearing officer may make a recommendation to the superintendent, on a separate form or in a separate space on the disposition form as designated for the purpose, regarding disposition of personal property that has been found to be the subject of a violation of a law, regulation, internal management policy and procedure, or facility order in accordance with K.A.R. 123-5-111.

(e) Upon request, the reporting staff person may be notified of the disposition.

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

Kan. Admin. Regs. § 123-13-406

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.