Kansas Administrative Regulations Agency 43 - CORRECTIONS OMBUDSMAN BOARD
Here's a detailed overview of Agency 43 – Corrections Ombudsman Board in the Kansas Administrative Regulations (KAR):
📘 Agency 43 – Scope & Structure
Agency 43’s regulations consist of a single article:
Article 1 – Administering Oaths (K.A.R. § 43‑1‑1): empowers the ombudsman or designated staff to administer oaths and take sworn statements from individuals related to correctional matters. This includes those within KDOC facilities, those committed to custody, or employed by/under contract with the Secretary of Corrections (law.cornell.edu, law.cornell.edu).
No other articles appear under Agency 43 on major legal repositories like LII or Justia (law.cornell.edu).
🔍 K.A.R. § 43‑1‑1 Highlights
Key elements of Section 43‑1‑1 include:
Authority to Administer Oaths
Ombudsman staff may take sworn statements from persons:
Inside KDOC premises,
Under KDOC custody,
Employed by or contracted with KDOC (law.cornell.edu).
Convenience Requirement
Whenever feasible, sworn statements should be collected at times and places convenient for the informant (law.cornell.edu).
Voluntary Participation
No individual may be compelled to provide a sworn statement (law.cornell.edu).
Legal authority: The regulation was originally authorized under K.S.A. 1983 Supp. 74‑7407, took effect May 1, 1984, and updated in Temporary Rule T‑84‑24 .
🏛️ Agency Status & History
The authorizing statute (K.S.A. 74‑7407) granting the ombudsman authority was repealed in 2012, and the position has been inactive for around 20 years (klrd.gov).
A 2024 Kansas Legislative Research Department (KLRD) assessment recommends revoking K.A.R. 43‑1‑1, noting it’s outdated and redundant since the ombudsman hasn't been funded or operational (klrd.gov).
✅ Summary
Agency 43 has minimal regulation—limited to establishing oath procedures for the (now inactive) corrections ombudsman—and has likely outlived its usefulness. With its authorizing statute repealed and the role unfunded, the regulation is considered obsolete and slated for possible revocation.
RELATED Blog
0 comments