Current through Register Vol. 41, No. 14, April 7, 2022
(1) The applicant shall file an original and
at least seven copies of all exhibits and documentary evidence unless otherwise
provided in these regulations.
If an applicant is required to file with its application any map, profile,
certificate, statement, or other document that has already been filed with the
commission, the applicant may reference rather than attach the document. The
applicant shall include in its application the fact that the document has been
previously filed, and the date and the proceeding in which, or occasion on
which, the filing was made. The application may request that the previously
filed document be incorporated by reference.
(3) Court records may be offered into
evidence by reference, but shall not be received over the objection of any
party unless opportunity for examination has been afforded to the objecting
otherwise directed by the commission or hearing examiner, an original and seven
copies of any exhibit a party intends to offer into evidence, other than in
rebuttal, shall be filed with the commission at least 10 days before the date
of the hearing, and one copy of any such exhibit shall be furnished to every
other party to the proceeding at least 10 days before the date of hearing. For
conservation division matters, an original and four copies of any exhibit an
applicant intends to offer in evidence, other than in rebuttal, shall be filed
with the conservation division at least 20 days before the hearing; an original
and four copies of any exhibit an intervenor or protestant intends to offer in
evidence, other than in rebuttal, shall be filed with the conservation division
at least 10 days before the hearing. Exceptions to these requirements may be
granted only for good cause shown. Each party desiring to introduce an exhibit
during the course of the hearing shall furnish six copies to the commission and
one copy to every other party to the proceeding. Any exhibit that is not filed
within the required time limit may be refused by the commission.
(c) The presiding commissioner or hearing
examiner shall assign numbers to the exhibits at the time they are marked for
identification at the hearing.
If relevant and material matter offered as documentary evidence by any party is
embraced in a book, paper, or document containing other matter not material or
relevant, the party offering the documentary evidence shall plainly designate
the matter offered. If other matter is in a volume that would encumber the
record, the book, paper, or document shall not be received in evidence. In this
case, the voluminous matter may be marked for identification, and, if properly
authenticated, the relevant or material matter may be read into the record.
Alternately, a true copy of the matter, in proper form, may be received as an
exhibit if the presiding commissioner or examiner so directs.
(e) The party offering the exhibit shall
deliver copies of the exhibit to opposing parties or their attorneys. The
opposing parties or their attorneys shall be afforded an opportunity to examine
the book, paper, or document, and to offer into evidence in like manner other
material and relevant portions of the exhibit.
Kan. Admin. Regs. §
Authorized by and
implementing K.S.A. 2001 Supp.
55-704, K.S.A. 2001 Supp.
66-106; effective Jan. 1, 1966;
amended Feb. 15, 1977; amended July 23, 1990; amended Oct. 10, 2003.