02.08.03.04

.04 Untested Kit Review by the Committee.

A. After the SART issues its recommendation, the victim, victim’s representative, or member of the SART where the alleged assault occurred may request an untested kit review by the Committee.

B. Subcommittee Membership.

(1) The Committee shall designate a subcommittee with one Committee representative from each of the professions or organizations listed in Regulation .02B(3) of this chapter to review the law enforcement agency’s decision not to test a kit.

(2) The subcommittee shall include a representative from the Office of the Attorney General.

(3) A subcommittee member that participated in an untested kit review by a SART may not participate in an untested kit review of the same kit by the Committee.

C. 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.

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

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

F. The Committee’s determination will serve as a recommendation only and is not a contested case under the Administrative Procedure Act.

G. Upon request by the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred, and in those cases where there was no untested kit review by the SART, the full Committee may conduct an untested kit review.