502 KAR 50:010. Admissibility of evidence

Link to law: http://www.lrc.ky.gov/kar/502/050/010.htm
Published: 2015

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      502 KAR 50:010.

Admissibility of evidence.





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.


      Section 1.

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.


      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. (13 Ky.R. 602; eff. 10-2-86; Am. 22 Ky.R. 1715; eff. 5-16-96.)