02.08.03.03

.03 Untested Kit Review by SARTs.

A. When a law enforcement agency decides not to test a kit, the victim, the victimís representative, a Committee member, or a member of the SART where the alleged assault occurred may request an untested kit review.

B. The request for an untested kit review shall first be submitted to the SART where the alleged assault occurred if one exists.

C. All SART members representing the professions and organizations listed in Regulation .02B(3) of this chapter shall participate in the untested kit review.

D. A person involved in the investigation of a sexual assault case may not participate in the untested kit review for a kit related to that case.

E. The SART may request and consider case files and any other evidence it deems appropriate when conducting an untested kit review.

F. The SART shall issue a written determination pursuant to an untested kit review in a timely manner.

G. The SARTís determination will serve as a recommendation only and is not a contested case under the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.

H. In jurisdictions where there is not a functioning SART as defined in Regulation .02B(3) of this chapter, the victim, the victimís representative, a Committee member, or a member of the SART where the alleged assault occurred shall submit a request for an untested kit review directly to the Committee.