Kan. Admin. Regs. § 123-13-203 - Criminal prosecution and disciplinary hearing

(a) If an offender has been charged, convicted, or acquitted in a criminal court of a charge or for a crime arising from the same facts, the disciplinary hearing may be conducted or continued, at the hearing officer's discretion.

(b) If the offender has been convicted or acquitted in criminal court for a crime arising from the same facts, the hearing officer may rely on the findings made by the jury or judge in conducting or dismissing the disciplinary hearing.

(c) If the disciplinary hearing is conducted while the criminal court case is pending and the court later renders a decision different from the decision of the hearing officer, the decision of the hearing officer shall remain unaffected unless, upon motion to the hearing officer, there is a showing that the hearing officer's decision is based on an obviously erroneous fact affecting the substantial rights of the offender. If such a showing is made, the hearing officer shall correct the decision on the record. However, the hearing officer shall not change the officer's decision if either of the following would result:

(1) Conviction of the offender of the disciplinary violation following a conviction by the court if the hearing officer acquitted the offender in the disciplinary proceeding before the criminal court entered its guilty finding; or

(2) an adverse effect on the offender.

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

Notes

Kan. Admin. Regs. § 123-13-203

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.