Kan. Admin. Regs. § 123-13-707 - Harmless error; plain error

None of the following types of errors shall be grounds for granting a new hearing, for setting aside a finding, or for vacating, modifying, or otherwise disturbing a disposition or order, unless the failure to take that action appears to the hearing officer or the reviewing authority to be inconsistent with substantial justice:

(a) An error in either the admission or exclusion of evidence;

(b) an error or defect in any ruling or order;

(c) an error in anything done or omitted by the hearing officer or by any of the facility officials in processing the disciplinary case; and

(d) an error by the offender in processing the offender's defense of the case.

Throughout the disciplinary process, the hearing officer or the reviewing authority shall disregard any error or defect in the proceeding that does not affect the substantial rights of the offender or the facility.

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

Notes

Kan. Admin. Regs. § 123-13-707

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.