72-2257. Powers of hearing officer; rules of evidence not binding; burden of proof; admissibility of evidence. The hearing officer may:
(a) Administer oaths;
(b) issue subpoenas for the attendance and testimony of witnesses and the production of books, papers and documents relating to any matter under investigation;
(c) authorize depositions to be taken;
(d) receive evidence and limit lines of questioning and testimony which are repetitive, cumulative or irrelevant;
(e) call and examine witnesses and introduce into the record documentary and other evidence;
(f) regulate the course of the hearing and dispose of procedural requests, motions and similar matters; and
(g) take any other action necessary to make the hearing accord with administrative due process.
Hearings under this section shall not be bound by rules of evidence whether statutory, common law or adopted by the rules of court, except that, the burden of proof shall initially rest upon the 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, in 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.
History: L. 1974, ch. 301, § 7; L. 1975, ch. 373, § 6; L. 1992, ch. 185, § 5; July 1.
Structure Kansas Statutes
Article 22 - School District Employment Contracts
72-2217 Supplemental contracts of employment authorized.
72-2219 Professional employees' rights; representation of employees and school boards; negotiations.
72-2222 Same; determination by secretary of human resources upon petition.
72-2223 Same; election; summary dismissal of petition, when.
72-2224 Same; conduct of election for determination; conditions; run-off election.
72-2225 Criteria for determining appropriate unit of employees' organization.
72-2226 Agreements; ratification; election; absentee ballots.
72-2227 Savings clause for existing agreements.
72-2229 Agreements may provide for arbitration of disputes; enforcement of arbitration agreements.
72-2234 Costs for mediation and fact-finding.
72-2235 Prohibited practices; evidence of bad faith.
72-2236 Prohibited practices, determination of existence; procedure; hearing.
72-2237 Secretary of labor; rules and regulations; subpoena power.
72-2238 Unilateral contracts prohibited prior to completion of negotiation.
72-2239 Savings clause for existing agreements; administrative employees exempted.
72-2241 Deductions; authorization thereof; continuation of authorization; conditions; limitations.
72-2242 Same; disbursement of funds deducted.
72-2244 Employment incentive or retention bonuses for teachers.
72-2251 Notice of termination or nonrenewal of certain teacher contracts; change of terms.
72-2252 Due process hearing procedures for certain postsecondary teachers; definitions.
72-2254 Same; commencement of hearing, when; procedural requirements.
72-2256 Testimony by affidavit or deposition; interrogatories; time, extension.
72-2259 Contractual rights; limitation on creation; not impaired.
72-2260 Same; application of act; years of employment requirements, waiver.
72-2262 Abridgment of constitutional right; procedure for determination.
72-2281 Definitions; superintendents excepted.
72-2282 Notice of nonrenewal or rejection of administrator's contract; change of terms.
72-2284 Contractual rights; limitation on creation; not impaired.
72-2285 Application of act; two years of employment required; waiver, when.