Kansas Statutes 76-11a10. Same; powers of hearing officer; rules of evidence not binding; burden of proof; admissibility of evidence
Terms Used In Kansas Statutes 76-11a10
- Allegation: something that someone says happened.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State board: means the state board of education. See Kansas Statutes 76-11a04
- Teacher: means any unclassified employee of a state school who is required to hold a certificate to teach. See Kansas Statutes 76-11a04
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The hearing officer may:
(1) Administer oaths;
(2) issue subpoenas for the attendance and testimony of witnesses and the production of books, papers and documents relating to any matter under investigation;
(3) authorize depositions to be taken;
(4) receive evidence and limit lines of questioning and testimony which are repetitive, cumulative or irrelevant;
(5) call and examine witnesses and introduce into the record documentary and other evidence;
(6) regulate the course of the hearing and dispose of procedural requests, motions and similar matters; and
(7) take any other action necessary to make the hearing accord with administrative due process.
(b) Hearings under this act shall not be bound by rules of evidence whether statutory, common law or adopted by the rules of court; however, the burden of proof shall initially rest upon the state board in all instances other than when the allegation is that the teacher‘s contract has been terminated or nonrenewed by reason of the teacher having exercised a constitutional right. All relevant evidence shall be admissible, except that the hearing officer, at the hearing officer’s discretion, may exclude any evidence if the hearing officer believes that the probative value of such evidence is substantially outweighed by the fact that its admission will necessitate undue consumption of time.