Download or read book Attorney General Opinion No 1983 042 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The preparation of a legal description of real property which conveys Lot 18, and the west 10 feet of Lot 17, in a certain subdivision situated in the city of Salina, does not constitute the "practice of land surveying," as said term is defined in K.S.A. 74-7003(k). Therefore, a real estate broker need not be licensed as a land surveyor in order to prepare such a description. Cited herein: K.S.A. 74-7003(k).

Download or read book Attorney General Opinion No 1983 092 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 42-706(a), a board member of an irrigation district shall serve a term of three years, and shall continue to hold office until his or her successor has been elected and qualified. In the case of a director whose term has expired, such person continues to serve as a d̲e̲ f̲a̲c̲t̲o̲ officer, with full authority to perform the duties of the office until a successor is properly selected. Such authority includes the power to fill by appointment vacancies which are caused by the resignation of another director. In the event that two of the three seats on an irrigation district board are vacant, the remaining member may act under K.S.A. 42-706(d) to appoint new directors. Cited herein: K.S.A. 42-701, 42-706.

Download or read book Attorney General Opinion No 1983 186 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Attorney General Opinion No 1983 136 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 8-2107 (as amended by L. 1983, ch. 42, section 1) authorizes a law enforcement officer to obtain a valid Kansas driver's license as security for a person's written promise to appear in court at the appointed time. However, said statute applies only where a law enforcement officer has "halted" such person for the violation of a state traffic law, and it has no application to violations of city traffic ordinances. Although a similar procedure is provided by the Kansas Code or Procedure for Municipal Courts, it has application only in those instances where a law enforcement officer has arrested a person for a violation of a city traffic ordinance. A city may by charter ordinance exempt itself from these provisions of the Municipal Code and provide a procedure different from the statutorily-prescribed procedure for obtaining appearance bonds from persons accused of violating traffic ordinances. However, the scope of the new procedure contemplated by any such charter ordinance is limited to the extent that the charter ordinance cannot confer upon the city the power to issue, suspend, revoke, restrict or otherwise affect the use of driver's licenses, since such powers vest exclusively in the state and are not within cities' home rule powers to determine their local affairs and government. A city is limited to this same extent with respect to legislative action by the city that would permit a defendant in municipal court to post a driver's license as bond pending the payment of a fine. Cited herein: K.S.A. 8-234a, 8-235, 8-254 (as amended by L. 1983, ch. 34, section 2), 8-271, 8-1212, 8-1218, 8-1219, 8-1222, 8-1567 (as amended by L. 1983, ch. 37, section 2), 8-2101, 8-2107 (as amended by L. 1983, ch. 42, section 1), 8-2110, 8-2111, 12-4211, 12-4212, 12-4213, 12-4301, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1988 075 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.

Download or read book Attorney General Opinion No 1983 021 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Water Office, as the successor to the authority of the Kansas Water Resources Board, may enter into agreements with the federal government by which water may be held in storage by the state in projects constructed by agencies of the federal government. As provided by K.S.A. 1982 Supp. 82a-934, such agreements are binding upon the state to the extent that future appropriations are made in support thereof. While no applicable sections of the Kansas Constitution limit the period of time an appropriation may extend, K.S.A. 46-155 imposes a limit of at most four years for capitol improvement appropriations. As no exception has been made for water storage agreements, the Kansas Water Office is without authority to make agreements which do not contain the limiting language provided by K.S.A. 1982 Supp. 82a-934. However, as this statute does authorize the Water Office to reimburse the federal government for damages resulting from the use of, or a release from, water storage, it may agree to language which states this in a contract. Cited herein: K.S.A. 40-3405, 46-155, K.S.A. 1982 Supp. 75-4704b, 82a-934, Kan. Const., Art. 2, section 24, Art. 11, sections 6,7,9, 42 U.S.C.A. section 1962d-5b.

Download or read book Attorney General Opinion No 1983 178 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Download or read book Attorney General Opinion No 1983 063 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.

Download or read book Attorney General Opinion No 1983 091 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues. Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const. Art. 1, sections 8, 10.

Download or read book Attorney General Opinion No 1983 138 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where the holder of a valid Kansas driver's license is arrested for the violation of a city ordinance relating to the operation of a motor vehicle, the provisions of K.S.A. 12-4301(d) permit such person to deposit said license with the arresting officer or clerk of the municipal court to secure such person's appearance, irrespective of whether such person is a resident of the city in which he or she was arrested. Cited herein: K.S.A. 8-2107 (as amended by L. 1983, ch. 42, section 1), 12-4113, 12-4301.

Download or read book Attorney General Opinion No 1983 078 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As introduced by the House Committee on Assessment and Taxation, 1983 House Bill No. 2053 does not involve an unlawful delegation of legislative power and does not contain more than one subject. Cited herein: 1983 House Bill No. 2053, Kan. Const., Art. 2, section 1, Art. 2, section 16.

Download or read book Attorney General Opinion No 1983 124 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Utility services such as electricity, gas and water, provided solely by municipally owned or public utilities to their customers, are constitutionally protected property rights which cannot be terminated unless due process procedures of notice and the opportunity to be heard have been met. Cited herein: Fourteenth Amendment, U.S. Constitution.

Download or read book Attorney General Opinion No 1984 026 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Bureau of Investigation has both the authority and the duty to oversee and control the collection and dissemination of criminal history record information at the state level. This responsibility includes management control over DISC as part of the criminal justice information system relating to the collection, storage and dissemination of criminal history record information. Cited herein: K.S.A. 1983 Supp. 22-4705(d), K.S.A. 1983 Supp. 22-4701(d), K.S.A. 22-4704, K.A.R. 10-14-1, 42 U.S.C. 3771, 28 C.F.R. 20, 42 U.S.C. 3701.

Download or read book Attorney General Opinion No 1983 116 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.

Download or read book Attorney General Opinion No 1983 102 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 8-1008, as amended by 1983 Substitute for House Bill No. 2132, community-based alcohol and drug safety action programs are authorized to perform a variety of services relating to persons who have been arrested for the offense of driving while under the influence of alcohol. Included in such services are evaluations of persons being considered for diversion or who have been convicted but not yet sentenced. Certification of the programs which are authorized to so act in each judicial district is determined by the administrative judge of the district or, in the event such judge declines to do so, by the Secretary of the Department of Social and Rehabilitation Services. Such certification is for the limited purpose of providing the services specified by K.S.A. 8-1008, as amended, and does not act as a substitute for licensure under K.S.A. 65-4001 e̲t̲ s̲e̲q̲. and 65-4601 e̲t̲ s̲e̲q̲. In that diagnostic services are included within the definition of treatment contained in the latter acts, a community-based alcohol and drug safety action program must be licensed under such acts before it may offer such services under K.S.A. 8-1008, as amended. Cited herein: K.S.A. 8-1008, 8-1567, both as amended by 1983 Substitute for House Bill No. 2132, K.S.A. 65-4001, 65-4003, 65-4601, K.A.R. 1982 Supp. 30-31-2, L. 1982, ch. 144.

Download or read book Attorney General Opinion No 1984 010 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Open Meetings Act is applicable to meetings of the Board of Trustees of the Economic Opportunity Foundation, Inc., and such meetings must be open to the public. Cited herein: K.S.A. 75-3036, 75-3734, K.S.A. 75-4317, K.S.A. 1983 Supp. 75-4318, 42 U.S.C.A. section 2790, 42 U.S.C.A. section 6861, 42 U.S.C.A. section 9901, 42 U.S.C.A. section 9904.