The state board, or hearing officer, shall conduct the hearing
of appellant's appeal according to the provisions of the notice of hearing and
this regulation. Two or more appeals involving the same local board and similar
sets of facts and circumstances may be consolidated for hearing purposes.
Immediately prior to the commencement of the hearing the members of the state
board, or hearing officer, may examine the separate instruments, defenses,
replies, or statements, if any, of the appellant, the local board denying
appellant's application, or other interested parties, which set forth the
reasons why the application of the appellant should, or should not, be
approved. Upon commencement of the hearing, the appellant shall be permitted to
make an opening statement and present any witnesses, documents, or other
evidence he or she might have, and in general, present his or her case.
Thereafter, the representative of the local board denying appellant's
application may make an opening statement and present any witnesses, or
documents, or other evidence, he or she might have, and, in general, present
the local board's case. Thereafter, any other interested party or parties, upon
receiving recognition by the state board, or hearing officer, may present any
evidence and statements they have that are relevant to the appeal. The
appellant, the representative of the local board denying appellant's
application, and other parties of interest, in their turn may examine any
witnesses and documents in evidence. Members of the state board, or hearing
officer, may from time to time during the hearing also question any of the
parties and witnesses used in the hearing, and examine any documents that may
be offered. All documents, instruments, and other tangible evidence shall have
been on file with the state board prior to the hearing as provided by
K.A.R.
91-16-1 and
K.A.R.
91-16-3. The hearing shall be of an informal
and nonadversary nature with no oath-taking required. If the facts warrant, the
hearing may be continued one (1) time only to a specific date and time at which
the hearing of the appeal shall be completed. Each interested party shall be
allowed a period of time of not to exceed one (1) hour in which to present his
or her side of the case, unless the state board, or hearing officer, in the
interest of justice grants lesser or additional time.
Notes
Kan. Admin. Regs. §
91-16-5
Authorized by
K.S.A.
72-4418; effective, E-70-11, Dec. 22, 1969;
effective Jan. 1, 1971; amended, E-71-17, April 5, 1971; amended Jan. 1, 1972;
amended May 1, 1979; amended May 1, 1980.
