Kansas Administrative Regulations
Agency 123 - JUVENILE JUSTICE AUTHORITY
Article 13 - OFFENDER DISCIPLINARY PROCEDURE
Section 123-13-704 - Commissioner's final review on appeal

Universal Citation: KS Admin Regs 123-13-704

Current through Register Vol. 43, No. 39, September 26, 2024

(a) Within 15 working days after each appeal is received, the appealed case shall be reviewed by the commissioner or designee. The date of receipt shall not be counted. Any one of the following actions may be taken by the commissioner or designee:

(1) Approving the decision as rendered;

(2) revoking the decision entirely;

(3) reducing the penalty;

(4) ordering a new hearing; or

(5) remanding the case for clarification of the record and resubmission to the commissioner for further consideration.

(b) The commissioner's review shall determine the following:

(1) Whether there was substantial compliance with the agency's and the facility's standards and procedures;

(2) whether the hearing officer's decision was based on material and relevant evidence; and

(3) whether, under the circumstances, the penalty imposed was appropriate and proportionate to the offense.

(c) The commissioner's decision shall be final. A copy of the commissioner's decision shall be given to the offender within 15 working days after the decision is made. If the appeal is denied, the reason for that decision shall be included in the commissioner's decision.

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

Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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