Download or read book Attorney General Opinion No 1989 008 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1990 008 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent a valid court or administrative order directing otherwise, 1989 taxes on personal property of public utilities imposed pursuant to 1989 House Bill No. 2004 should be collected according to the statutory scheme in 1990. Cited herein: K.S.A. 1989 Supp. 79-201m; K.S.A. 79-301; K.S.A. 1988 Supp. 79-306; K.S.A. 79-5a02; 79-5a07; K.S.A. 1988 Supp. 79-1427a; 79-1475; K.S.A. 79-1801; 79-1802; 79-1803; 79-1804; K.S.A. 1988 Supp. 79-2001; 79-2004a, as amended by L. 1989 House Bill No. 2001; 1989 House Bill No. 2004.

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 1984 008 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 provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.

Download or read book Attorney General Opinion No 1989 147 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based, on the 1986 amendment to K.S.A. 8-2117, the Court of Appeals opinion in I̲n̲ ̲r̲e̲ ̲H̲o̲c̲k̲e̲n̲b̲u̲r̲y̲ and section 3.06 of the Kansas Municipal Court Manual, it is our opinion that a municipal court has the authority to hear prosecutions of persons 16 and 17 years of age for violations of municipal ordinances prohibiting the acts prohibited by K.S.A. 1988 Supp. 8-1567. Attorney General Opinion No. 77-228, due to changes in the applicable statutes, is hereby withdrawn. Cited herein: K.S.A. 1988 Supp. 8-1567; 8-2117; 38-1602; K.S.A. 38-802, 38-815, repealed L. 1982, ch. 182, section 150; L. 1978, ch. 158.

Download or read book Attorney General Opinion No 1989 001 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: L. 1988, ch. 29, sec. 8 does not apply to the purchase of an office building by Sedgwick county with monies received through the community corrections grant program. Cited herein: K.S.A. 75-5290; L. 1988, ch. 29, sec. 8; L. 1988, ch. 32, sec. 2; K.A.R. 44-11-123.

Download or read book Attorney General Opinion No 1985 008 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.

Download or read book Attorney General Opinion No 1989 089 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In that K.S.A. 1988 Supp. 41-714 is penal in nature, its provisions must be strictly construed in favor of the individuals and entities subject to its restrictions. Thus, in our opinion subsection (d) of this statute should be interpreted to authorize outdoor advertising of the price and brand name of alcoholic liquor beginning July 1, 1989. Cited herein: K.S.A. 1988 Supp. 41-714; K.S.A. 41-902; K.A.R. 14-8-1; 14-8-2.

Download or read book Attorney General Opinion No 1987 008 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: Pursuant to Article 14, Section 1 of the Kansas Constitution, the legislature submitted a constitutional amendment to a vote of the electors of Kansas by means of a concurrent resolution passed by both houses. The constitutional amendment passed and requires that classification be implemented on January 1, 1989. Regardless of the interrelationship between the ongoing reappraisal process and the implementation date of the classification scheme, there is no legal basis to delay the classification amendment date. Cited herein: K.S.A. 1986 Supp. 79-1476; L. 1985, ch. 364; Kansas Constitution, Art. 14, section 1.

Download or read book Attorney General Opinion No 1988 008 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: Assuming the Kansas Commission on Civil Rights (KCCR) otherwise has the authority to waive jurisdiction over employment and housing discrimination complaints filed by its employees, it is our opinion that the KCCR would not be precluded by the Equal Protection Clause from doing so. Cited herein; K.S.A. 44-1001 e̲t̲ s̲e̲q̲.; 44-1111 e̲t̲ s̲e̲q̲.; 42 U.S.C.S. sections 2000e-5, 3610; 24 C.F.R. sections 105.18, 105.20 (1977); U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1989 049 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 8-2001, local authorities (including cities) may adopt additional traffic regulations prohibiting "U-turns" where such regulations do not conflict with the provisions of the Uniform Act Regulating Traffic on Highways. Under the Uniform Act, no such ordinance regulating or prohibiting the turning of vehicles shall be effective until official traffic control devices giving notice of such local traffic regulation are erected upon or at the entrances to the highway or part thereof affected. K.S.A. 8-2002(a)(9) and (c). Accordingly, an ordinance which prescribes additional circumstances under which U-turns are prohibited (i̲.̲e̲.̲ the ordinance sets forth limitations in addition to those prescribed by K.S.A. 8-1546) is not effective until official traffic control devices giving notice of such prohibition are erected. Thus, subsections (1), (3) and (4) of section 35-323 of the Kansas City Municipal Code, which impose additional prohibitions on U-turns in the absence of official traffic control devices giving notice of such prohibitions, conflicts with subsection (c) of K.S.A. 8-2002, and is invalid pursuant to K.S.A. 8-2001. Cited herein: 8-1546; 8-2001; 8-2002.

Download or read book Attorney General Opinion No 1989 083 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The costs incurred by the court as a result of auditing the alcohol and drug safety action fund may be characterized as an expense of administering the fund. Therefore such costs may be paid from the portion of the fund authorized to be used for administrative expense. Cited herein: K.S.A. 1988 Supp. 8-1008.

Download or read book Attorney General Opinion No 1989 104 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A law enforcement officer may stop and cite a driver for violation of K.S.A. 8-1344 and 8-1345, as amended, of the child passenger safety act even in the absence of another violation of law. Cited herein: K.S.A. 8-1344, as amended by L. 1989, ch. 40, section 1; 8-1345, as amended by L. 1989, ch. 40, section 2; K.S.A. 1988 Supp. 8-2503, as amended by L. 1989, ch. 40, section 4.

Download or read book Attorney General Opinion No 1989 004 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An administrative judge may, by directive, promulgate guidelines setting forth procedural requirements for obtaining certification, and interpreting statutory requirements for qualification of programs seeking certification under K.S.A. 1988 Supp. 8-1008. An administrative judge may not, however, establish and enforce guidelines which impose substantive conditions and requirements not contemplated by statute, as this would constitute a legislative rather than an administrative act. K.S.A. 1988 Supp. 8-1008(e) authorizes the court to contract for services necessary to the administration of its provisions, and to use 10% of the money credited to the alcohol and drug safety action fund to pay for such services. Cited herein: K.S.A. 1988 Supp. 8-1008; K.S.A. 20-239; 20-345.

Download or read book Attorney General Opinion No 1989 124 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 8-237 allows persons possessing restricted drivers' licenses to drive over the most direct and accessible route from their residence to their school of enrollment and back for the purpose of school attendance. Driving to school for reasons other than school attendance, such as extracurricular activities, is prohibited. A restricted driver may, for school attendance purposes only, drive directly to a second campus while school is in session. Cited herein: K.S.A. 8-237; 72-4401; 77-201.

Download or read book Attorney General Opinion No 1990 062 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Vehicle brokers should not appear in the chain of title of a vehicle unless the broker has or claims a legal interest in the vehicle. Cited herein: K.S.A. 1989 Supp. 8-135; 8-2401; 8-2408; 8-1410.

Download or read book Attorney General Opinion No 1989 032 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.