Download or read book Attorney General Opinion No 1986 145 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Uniform Vital Statistics Act neither prohibits nor authorizes the transfer of certain data by the office of vital statistics to the Department of Revenue. The Secretary of the Department of Health and Environment may promulgate regulations, subject to the provisions of the act, authorizing release of such information. Cited herein: K.S.A. 65-2401 e̲t̲ s̲e̲q̲., 65-2402, 65-2422.

Download or read book Attorney General Opinion No 1987 145 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents stating the charges filed against individuals in municipal court and specifying scheduled court dates are records available to the public under the Kansas Open Records Act. The custodian of these records has no discretion to withhold this information from public inspection. Cited herein: K.S.A. 1986 Supp. 21-3827; 22-4701; K.S.A. 22-4704; K.S.A. 1986 Supp. 22-4705; K.S.A. 22-4707; 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4.

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 1986 014 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1985 Supp. 8-1008 creates an alcohol and drug safety action fund for each court which enforces the provisions of K.S.A. 1985 Supp. 8-1567 or a municipal ordinance patterned after the statute. In the case of the municipal court of the City of Wichita, the fund is administered by the administrative judge. Insofar as the court itself has been designated as a community-based alcohol and drug safety action program by the administrative judge of the Eighteenth Judicial District [pursuant to K.S.A. 1985 Supp. 8-1008(b)], money from the fund may be expended by the court for personnel, equipment and facilities necessary to carrying out the provisions of this statute. In the absence of such designation by the administrative judge of the judicial district, the municipal court would be limited to the ten percent expenditure limit included in subsection (e) of the statute, as noted in Attorney General Opinion No. 85-68. Cited herein: K.S.A. 1985 Supp. 8-1008, 8-1567.

Download or read book Attorney General Opinion No 1986 130 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.

Download or read book Attorney General Opinion No 1986 048 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An entity created by action of a city, a county and a chamber of commerce (which is not itself subject to either the Kansas Open Records Act or the Kansas Open Meetings Act) may be subject to both such acts if certain requirements are met. In the case of the Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., the entity must be supported by public funds in whole or in part. While an exception exists for the mere provision of goods or services, an entity which is established by a city and county and to which they appoint members, and which has the task of performing functions they assign, is a public agency for the purposes of KORA. Records concerning the prospective location of a business in the area may or may not be subject to disclosure, depending on whether the requirements of K.S.A. 1985 Supp. 45-221 have been met. The Kansas Open Meetings Act (KOMA) applies if the entity is subordinate to a legislative or administrative agency of the state, and is supported in whole or in part by public funds. In the case of an entity which has a majority of its members appointed by a city and a county, which is charged with the performance of duties which would otherwise be done by the units of government themselves, and which receives funding from such governments, the tests are satisfied and KOMA applies. Questions involving the prospective location of a business in the area may be discussed in executive session only as they concern the acquisition of real property or confidential data relating to the financial affairs of the business. Cited herein: K.S.A. 1985 Supp. 45-216; 45-217; 45-221; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318; K.S.A. 75-4319.

Download or read book Attorney General Opinion No 1986 129 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the Kansas Supreme Court has not specifically precluded the use of criminal sanctions to enforce the eight-hour work day regulations found at K.S.A. 44-201 e̲t̲ s̲e̲q̲., it has precluded that option for purposes of enforcing the wage rate provisions of the act. The court has indicated a preference for civil, as opposed to criminal, methods of enforcement for the eight-hour work day provisions as well. If it is a public official who is in violation of K.S.A. 44-201 e̲t̲ s̲e̲q̲., an action in mandamus may be brought to enforce the act's provisions, though only by reference of the attorney general or county attorney, or by any citizen with a specific interest or right distinct from that of the general public. If a contractor is violating the statutes, a laborer might be able to enforce those statutes through mandatory injunction or a suit on the contract as third party beneficiary. The Kansas Department of Human Resources has no jurisdiction to adjudicate wage claims based on violations of K.S.A. 44-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-201; 44-202; 44-203; 44-204; 44-205; 75-6101; 75-6104.

Download or read book Attorney General Opinion No 1986 148 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.

Download or read book Attorney General Opinion No 1986 003 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county attorney is required to file the appropriate pleadings for, and appear in, proceedings following an adjudication that a child is in need of care pursuant to the Kansas Code for Care of Children, K.S.A. 1984 Supp. 38-1501 e̲t̲ s̲e̲q̲. and K.S.A. 1984 Supp. 19-702. In that these services are a statutory duty, a county attorney is entitled to no additional compensation for such services. Cited herein: K.S.A. 1984 Supp. 19-702; 38-1502(e), as amended by L. 1985, ch. 144, 51 and ch. 145, 53; 38-1510; 38-1529; 38-1562; 38-1581.

Download or read book Attorney General Opinion No 1986 160 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the nominee's personal data form as submitted to the Supreme Court Nominating Commission, said nominee does not meet the qualification in K.S.A. 20-105 of having engaged in the active and continuous practice of law for a period of ten years prior to the date of appointment as justice. The active practice of law has been defined by the Supreme Court of Kansas as meaning that the legal activities of the individual must have been pursued on a full-time basis and constituted his regular business. The nominee is not automatically disqualified because of having held the positions to which he has been appointed, but because his personal data form does not indicate that his legal activities while holding those positions were "pursued on a full-time basis and constituted his regular business." In making the ultimate determination of whether this nominee is qualified, the Supreme Court Nominating Commission may consider additional information regarding specific legal services performed by the nominee in his various employments and may thus reach a contrary conclusion. Cited herein: K.S.A. 20-105.

Download or read book Attorney General Opinion No 1986 125 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that advanced registered nurse practitioners may not issue prescription orders pursuant to a physician's standing orders or protocol because they have not been granted such authority by the statutes and regulations under which they are licensed. Physicians' assistants, however, are expressly authorized to practice medicine under the direction and supervision of a physician. Since the practice of medicine includes the act of prescribing medicine, we conclude that physicians' assistants may issue prescription orders under the direction and supervision of a physician. Cited herein: K.S.A. 65-1113(d), (g); 65-1626(t), (x), as amended by L. 1986, ch. 236, section 1; 65-2869(b); 65-2896e; 65-2897a(a), (c); K.A.R. 1985 Supp. 60-11-104; 60-11-105; 60-11-106.

Download or read book Attorney General Opinion No 1975 145 written by Curt Thomas Schneider and published by . This book was released on 1975 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: You request an opinion on the legality of the razzle dazzle promotion which has been submitted to you for approval.

Download or read book Attorney General Opinion No 1986 165 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Secretary of Administration has the authority to enter into an agreement with a non-profit corporation whereby that corporation, at its own expense, will plan and construct a Fountain of Justice, dependent upon the Secretary's approval, on state-owned property. The Secretary may further agree to maintain such fountain, provided the agreement complies with relevant budget laws. Cited herein: K.S.A. 75-1203; 75-1254, as amended by L. 1986, ch. 317, section 1; K.S.A. 75-2236; K.S.A. 1985 Supp. 75-3717; K.S.A. 75-3741; 75-3762; 75-3763; 75-3764.

Download or read book Attorney General Opinion No 1986 038 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4318 provides a two-part test that must be met before a body can be found to be included under the Kansas Open Meetings Act: (1) the body is either a legislative or administrative agency of the state or one of its political or taxing subdivisions or subordinate to such a body; and (2) the body receives, expends or is supported in whole or in part by public funds, or, in the case of subordinate groups, has a parent or controlling body which is so supported. Members of the board of trustees of the Sedan City Hospital are appointed by the Sedan City Council. Therefore, the board of trustees is a "subordinate group" of a legislative body which receives and expends public funds. Since both parts of the test are met, the board of trustees of the Sedan City Hospital is subject to the KOMA. Cited herein: K.S.A. 1985 Supp. 12-1615; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318.

Download or read book Attorney General Opinion No 1986 011 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No conflict exists between Kansas and federal statutes regarding the distribution of money obtained from forfeiture of property in cases involving controlled substances. The state forfeiture statute is not applicable to cases brought in federal court; rather, the federal provisions apply. Cited herein: K.S.A. 65-4135, 21 U.S.C. section 881.

Download or read book Attorney General Opinion No 1986 059 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.

Download or read book Attorney General Opinion No 1986 095 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the Safety Belt Use Act is to educate rather than punish. However, law enforcement officers should not be constrained from enforcing the act within the bounds of its provisions. When an officer can articulate facts which would lead a cautious person to believe that a violation has occurred, a citation may then issue. Drivers are not to be cited for violations committed by passengers. Any person 10 or more years of age may be held responsible for failure to fasten their safety belt. Cited herein: K.S.A. 1985 Supp. 8-1344; 8-1345; K.S.A. 8-2101; K.S.A. 1985 Supp. 21-3105; 38-1602, K.S.A. 41-2719; L. 1986, ch. 35, sections 3, 4.