Kan. Admin. Regs. § 123-13-101a - Waiver of rights

(a) Each offender shall be permitted to voluntarily waive the right to any time limit or process afforded by these regulations. Each waiver shall be submitted in writing and shall state the specific time limit or process being waived. The waiver shall be made in the form and manner approved or prescribed by the commissioner. The waiver shall be witnessed by one impartial employee and shall be signed by the offender and the hearing officer, unless the offender is waiving the right to the disciplinary hearing process by accepting a summary judgment citation pursuant to K.A.R. 123-13-201b.

(b) Each offender shall be informed of the nature of the time limit or process being waived and of the impact and consequence of the waiver.

(c) Unless the offender is waiving the right to the disciplinary hearing process by accepting a summary judgment citation pursuant to K.A.R. 123-13-201b, the offender shall be questioned by the hearing officer before accepting the waiver to determine if the waiver is knowingly and voluntarily made.

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

Notes

Kan. Admin. Regs. § 123-13-101a

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.