502 KAR 50:010.
Admissibility of evidence.
RELATES TO: KRS
AUTHORITY: KRS 16.140(8)
FUNCTION, AND CONFORMITY: KRS 16.140 establishes a trial board within the
Department of State Police to hear charges against officers. KRS 16.140(8)
provides that the commissioner may promulgate reasonable rules and
administrative regulations governing the procedure before the trial board. This
administrative regulation is necessary to define the standards for the
admissibility of evidence in proceedings before the trial board.
Presiding Officer. The designated members of the trial board will, prior to the
beginning of a trial, select one (1) of its members as the presiding officer.
The presiding officer may, if desired, 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 reasonable, prudent men in the conduct of their
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.
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.
Judicial Notice. The presiding officer may take judicial notice of matters of
common knowledge that are beyond reasonable dispute, statutes, and official
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.
Impeachment of Witnesses. The rules of law concerning the impeachment of
witnesses that apply to state court proceedings shall apply to trial board
proceedings. (13 Ky.R. 602; eff. 10-2-86; Am. 22 Ky.R. 1715; eff. 5-16-96.)