Printable Format72-2257. 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.
Source or Prior Law:
72-5442.
CASE ANNOTATIONS
1. Mentioned in reversing district court's finding that substantial evidence sufficient to establish good cause for nonrenewal of teacher contract not present. Gillett v. U.S.D. No. 276, 227 Kan. 71, 77, 605 P.2d 105.
2. Teacher not employed two consecutive years due to good-faith gap in employment during regular school term. Schmidt v. U.S.D. No. 497, 231 Kan. 267, 269, 644 P.2d 396 (1982).
3. Board's decision to nonrenew a tenured teacher's contract not supported by substantial evidence; remanded. Haddock v. U.S.D. No. 462, 233 Kan. 66, 68, 661 P.2d 368 (1983).
4. Tenured teacher's termination for good cause must be supported by substantial evidence; burden of proof is upon board. Coats v. U.S.D. No. 353, 233 Kan. 394, 397, 662 P.2d 1279 (1983).
5. Cited; failure to seek judicial review of employment termination precludes complaint under discrimination act (K.S.A. 44-1001 et seq.). Neunzig v. Seaman U.S.D. No. 345, 239 Kan. 654, 662, 722 P.2d 569 (1986).
6. Cited; failure to follow K.S.A. 72-5443 as not violative of due process under circumstances examined. Leaming v. U.S.D. No. 214, 242 Kan. 743, 746, 750 P.2d 1041 (1988).
7. Cited; rebuttable presumption of qualification represented by teaching certificate, tenured teacher's rights in reduction of force situation examined. Bauer v. U.S.D. No. 452, 244 Kan. 6, 8, 765 P.2d 1129 (1988).
8. Teacher denied due process in termination proceedings reinstated and awarded back pay. Walker v. U.S.D. No. 499, 21 Kan. App. 2d 341, 343, 900 P.2d 850 (1995).