Download or read book Attorney General Opinion No 1979 252 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Loans secured by a first real estate mortgage may be made pursuant to the provisions of the Uniform Consumer Credit Code (K.S.A. 16a-1-101 through 16a-9-102), either as a "consumer loan," as defined by K.S.A. 16a-1-301(14), or as a loan made subject to the UCCC by agreement of the parties thereto, as authorized by K.S.A. 16a-1-109. Unless it is a supervised loan made under a license issued by the Consumer Credit Commissioner, such real estate loans may be made at a maximum interest rate of not to exceed 14.45% on that portion of the unpaid balance thereof in excess of $1,000 (K.S.A. 1978 Supp. 16a-2-401). The 11% interest rate authorized by K.S.A. 1978 Supp. 16-207 is applicable only to loans secured by a first real estate mortgage. Unless made pursuant to the UCCC as a consumer loan or by agreement of the parties under K.S.A. 16a-1-109, a loan secured by a second real estate mortgage is subject to the general usury rate of 10% specified in K.S.A. 1978 Supp. 16-207. Unless made subject to the UCCC by agreement of the parties under K.S.A. 16a-1-109, a contract for deed wherein a rate of interest is specified also is subject to said general usury rate of 10%.

Download or read book Attorney General Opinion No 1980 252 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.

Download or read book Attorney General Opinion No 1982 252 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the provisions of K.S.A. 1981 Supp. 79-213, the State Board of Tax Appeals is the appropriate agency to determine which property is exempt from property taxation. Cited herein: K.S.A. 1981 Supp. 79-213, L. 1982, ch. 390, sections 3, 4.

Download or read book Attorney General Opinion No 1979 048 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.

Download or read book Attorney General Opinion No 1979 145 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Register of Deeds has the discretionary power to postpone collection of the filing fees required by the provisions of K.S.A. 1978 Supp. 28-115. However, should the Register of Deeds fail to collect any such fees, the amount thereof may be deducted from his or her salary.

Download or read book Attorney General Opinion No 1977 252 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under K.S.A. 1976 Supp. 25-4302, the only grounds for recall are conviction of a felony, misconduct in office, incompetence and failure to perform a duty prescribed by law. Facts recited in a petition as grounds which do not support any of the four statutory bases for recall are insufficient. However, the county election officer has no authority to determine the legal sufficiency of grounds alleged in a recall petition which is presented for filing, and the sufficiency of grounds, if challenged, must be determined by a court of competent jurisdiction. The sufficiency of grounds for a recall election may not be challenged after the question is submitted to the voters. A petition may be circulated only by a sponsor within the precinct where such sponsor resides.

Download or read book Attorney General Opinion No 1979 199 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Secretary of Human Resources may remove hazardous materials and chemicals from schools and private businesses where such conditions or products could reasonably be expected to cause death or serious physical harm immediately or before such danger can be eliminated through the enforcement provisions otherwise provided by law.

Download or read book Attorney General Opinion No 1979 036 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.

Download or read book Attorney General Opinion No 1979 034 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city of the second class may designate a state or national bank or trust company located outside said city, but within a county in which all or part of such city is located, as an official depository of its funds.

Download or read book Attorney General Opinion No 1979 290 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The identity of a client is not generally a "privileged communication" so as to be within the attorney-client privilege, as that privilege is set forth in K.S.A. 60-426. When required to do so under the state governmental ethics law, pursuant to the provisions of K.S.A. 1978 Supp. 46-229 and K.S.A. 1978 Supp. 46-248 (as amended by L. 1979, ch. 164, section 2), an attorney must disclose the name of a client in a "statement of substantial interests."

Download or read book Attorney General Opinion No 1979 209 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The general public should have access to information contained in jail calendars which is not by law specifically declared confidential.

Download or read book Attorney General Opinion No 1979 239 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A municipal judge in a city of the second or third class is not required by statute to be a lawyer.

Download or read book Attorney General Opinion No 1979 298 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Representation by a "duly authorized representative" as used in K.A.R. 48-4-3 does not permit persons to perform functions on behalf of claimants that constitute the practice of law.

Download or read book Attorney General Opinion No 1979 023 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-4213 provides that if a person has not posted bond, or appeared before the municipal court within twelve hours after being arrested, that person shall be released on his or her own personal recognizance to appear at a later date.

Download or read book Attorney General Opinion No 1979 296 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The disposition of original court records is governed by Supreme Court Rule No. 108, Relating to District Courts, as provided by K.S.A. 1978 Supp. 20-160. The procedures established therein are exclusive, and must be complied with before district court documents may be destroyed.

Download or read book Attorney General Opinion No 1979 299 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A district court clerk is not liable when incorrect information is supplied to such clerk by a party seeking a garnishment order. The clerk has a duty to issue such an order, but in the absence of an error by the clerk or a garnishment request which is defective on its face, the clerk has no duty to verify the information contained in such a request.

Download or read book Attorney General Opinion No 1979 147 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Office of Revenue Sharing of the United States Treasury Department has the authority to prescribe the type of audit which must be performed by a state in order to maintain its eligibility to receive revenue sharing funds. If these requirements are not met, federal statutes provide the Secretary of Treasury the authority to withhold payment of these funds.