Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 50 - Trial Board Proceedings › Section 502 KAR 50:010 - Admissibility of evidence

Current through Register Vol. 51, No. 1, July 1, 2024
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.