502 KAR 50:010 - Admissibility of evidence
RELATES TO: KRS 16.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.140 establishes a trial board within the Department of Kentucky State Police to hear charges against officers. KRS 16.140(8) authorizes the commissioner to promulgate administrative regulations governing the procedure before the trial board. This administrative regulation establishes standards for the admissibility of evidence in proceedings before the trial board.
Section 1. Presiding Officer. The designated
members of the trial board shall, prior to the beginning of a trial, select one
(1) of its members as the presiding officer. The presiding officer may have the
assistance of counsel in order to rule on evidentiary or procedural matters.
The presiding officer shall not vote or otherwise participate in the trial
board's determination of guilt or innocence or in the setting of the
punishment, if any.
Section 2.
Strict Rules of Evidence Not to Apply. Any evidence which would be admissible
under the statutes of the Commonwealth of Kentucky and under the rules of
evidence followed by circuit courts of the Commonwealth of Kentucky shall be
admitted in hearings before the trial board; however, the presiding officer may
admit evidence that would be inadmissible in the courts if the evidence is of
the type commonly relied upon by a reasonable, prudent person in the conduct of
the person's affairs. Irrelevant, immaterial, or unduly repetitious evidence
may be excluded and the presiding officer shall give effect to the rules of
privilege recognized by the laws of the Commonwealth of Kentucky.
Section 3. Discovery. Any officer against
whom trial board charges have been filed may discover evidence. Discovery may
be accomplished by use of the Open Records Law. Requests for documents shall be
directed to the official custodian of records for the Kentucky State Police.
Accused officers may also request the commissioner or presiding officer issue a
subpoena for documents held by the agency that are relevant to an accused
officer's defense. Discovery privileges, including the deliberation process and
work product rule, shall be observed.
Section
4. Judicial Notice. The presiding officer may take judicial notice
of matters of common knowledge that are beyond reasonable dispute, statutes,
and official court records.
Section
5. Interrogation of Witnesses. The rules of law that apply to
state court proceedings concerning the manner and scope of examination and
cross-examination of witnesses shall apply to trial board
proceedings.
Section 6. Impeachment
of Witnesses. The rules of law concerning the impeachment of witnesses that
apply to state court proceedings shall apply to trial board
proceedings.
Section 7.
Continuances.
(1) A continuance of a scheduled
hearing may be granted by the commissioner for good cause.
(2) A request for a continuance shall:
(a) Be made in writing;
(b) State the reason for the
request;
(c) Include proposed dates
for rescheduling the hearing;
(d)
Be filed with the commissioner; and
(e) Be mailed to all parties at least ten
(10) days prior to the scheduled hearing.
(3) An objection to a request for a
continuance shall:
(a) Be made in
writing;
(b) State the reason for
the objection to the request for continuance;
(c) Be filed with the commissioner;
and
(d) Be mailed to all parties at
least five (5) days prior to the scheduled hearing.
(4)
(a) The
commissioner shall transmit to all parties an order either granting or denying
the request for a continuance.
(b)
If the continuance is granted, the order shall state the date on which the
hearing has been rescheduled or that the hearing has been continued
generally.
Notes
STATUTORY AUTHORITY: KRS 16.140(8)
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