Download or read book Attorney General Opinion No 1991 140 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Upon recording of the viewers' report, survey and plat, a county road is regarded as established. By contrast, such a road is considered opened when the way is unenclosed and unobstructed; when it is minimally traveled; or when it is available or put in condition for public use. The 1879 non-user statute may have applicability to an established road which was not opened prior to the repeal of that statute. Mandamus does not lie to control a township board's exercise of discretion to open or to maintain a road in the absence of obstruction of duty, fraud, bad faith or gross impropriety. Neither the doctrine of abandonment nor of adverse possession generally has applicability to property established for use as a public road. The board of county commissioners are empowered to vacate any county or township road within their county by following statutory procedure. Cited herein: K.S.A. 68-102; 68-102a; 68-106; 68-115; 68-117; 68-124; K.S.A. 1990 Supp. 68-506; K.S.A. 68-518c; 68-526; 68-527; 68-527a; 68-530; 68-701; L. 1874, ch. 108, section 6; L. 1879, ch. 150, section 1.

Download or read book Attorney General Opinion No 1991 024 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.

Download or read book Attorney General Opinion No 1991 049 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.

Download or read book Attorney General Opinion No 1991 088 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.

Download or read book Attorney General Opinion No 1991 152 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Short of legislative directive indicating how CURB should contract for professional services, CURB should comprise its negotiating committee pursuant to the general statute, K.S.A. 75-3799. Cited herein: K.S.A. 1990 Supp. 66-1222, 66-1225, as amended by L. 1991, ch. 205 sections 1 and 2; K.S.A. 66-1513; 75-3799.

Download or read book Attorney General Opinion No 1991 032 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally, marital relationships between governmental officers or employees are not p̲e̲r̲ s̲e̲ prohibited by Kansas law. Kansas conflict of interest laws prohibit certain interaction with or activities involving entities in which a public officer or employee has a substantial interest. These conflict of interest laws do not preclude an individual from serving as a public officer or employee. Because the appointment in question is for a court personnel position, statutes concerning that position and the judicial rules and canons should also be considered in making such an appointment. Cited herein: K.S.A. 13-2903; 14-537; 20-342; 20-343; 46-215; 46-221; 46-231; 46-233; 46-239; K.S.A. 1990 Supp. 46-247; K.S.A. 74-605; K.S.A. 1990 Supp. 75-4301a; 75-4304.

Download or read book Attorney General Opinion No 1991 105 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The general laws governing agency apply when determining who is an agent. Marking the "not sure" box of the real estate sales questionnaire will not invalidate the form. Cited herein: L. 1991, ch. 162, sections 3, 4, 7.

Download or read book Attorney General Opinion No 1991 041 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.A.R. 74-5-103 prohibits certified public accountants (CPAs) from paying a commission to obtain a client and from accepting a commission for referring a client to products or services of others. The regulation promulgated pursuant to state authorization is immune from antitrust law challenge under the state action doctrine. Cited herein: K.S.A. 1990 Supp. 1-202.

Download or read book Attorney General Opinion No 1991 115 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA. Cited herein: K.S.A. 1990 Supp. 74-4925, as amended by L. 1991, ch. 237, section 2; K.S.A. 76-746; K.A.R. 88-12-1; 29 U.S.C. sections 621, 623; 29 C.F.R. section 1625.10.

Download or read book Attorney General Opinion No 1991 153 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1990 Supp. 25-4153a prohibits contributions (to legislators, candidates for legislative seats, and their committees) by registered lobbyists or political committees while the legislature is in session. This prohibition is not a violation of First Amendment rights of free speech and freedom of association. Cited herein: K.S.A. 1990 Supp. 25-4153a; U.S. Const., First Amend.

Download or read book Attorney General Opinion No 1991 048 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of K.S.A. 1990 Supp. 31-134(b), that "nothing in this act shall be construed to impair the power of any municipality ... to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries," does not constitute a clear articulation of an anti-competitive policy and, therefore, does not bring municipal actions based on the statute within the "state action" exemption from the federal anti-trust laws. Cited herein: K.S.A. 1990 Supp. 31-134; Kan. Const., art. 12, section 5; 15 U.S.C. section 1 e̲t̲ s̲e̲q̲.

Download or read book Attorney General Opinion No 1991 157 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that, pursuant to the definitions of public record and public agency set forth at K.S.A. 45-217, and in accordance with the declarations set forth in K.S.A. 1-401, working papers created, maintained and in the possession of a private CPA firm, whose only connection with a public entity is a service contract entered into pursuant to K.S.A. 1990 Supp. 46-1122, are records which are not subject to the provisions of the Kansas open records act (KORA). However, post audit may review such working papers in accordance with the oversight duties dictated by K.S.A. 1990 Supp. 46-1127(a), the access powers of the division of legislative post audit and as recognized by general legal principles applicable to the accountant/client relationship. Access to or review of CPA working papers by post audit does not automatically alter the nature of the records for purposes of the open records act. If copies of records are provided to post audit, records in the possession of post audit must be closed by post audit if the records in question are subject to a duty of confidentiality. Cited herein: K.S.A. 1-401; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; 46-1122; K.S.A. 46-1127; K.A.R. 74-5-101; 74-5-105.

Download or read book Attorney General Opinion No 1991 073 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that unless a specific law alters common law, the presence of five of a nine member board constitutes a quorum of that body and a majority vote of those five members (three) is sufficient to bind the body. If one of the members abstains from the vote, he is deemed to have voted with the majority unless he has an interest or bias in the matter and is therefore disqualified. Where the required majority exists without the vote or presence of the disqualified member, his vote or presence will not invalidate the result. Members disqualified from voting may not be counted when determining whether a quorum is present. Cited herein: K.S.A. 75-4317a.

Download or read book Attorney General Opinion No 1992 140 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1991 Supp. 74-3266 requires primary care practice in the designated underserved areas of this state for osteopathic scholarship agreements entered into after June 30, 1988. We find no similar requirement for completing residency in a primary care specialty, but would encourage notifying students, prior to entering residency, of the primary care practice obligations. Cited herein: K.S.A. 1991 Supp. 74-3266; 76-374; 76-375; L. 1988, ch. 362, section 3.

Download or read book Attorney General Opinion No 1991 107 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county, as a subdivision of state government is subject to limitations imposed by an enabling act. K.S.A. 1990 Supp. 65-6113 limits how a county may reimburse a taxing district that provides ambulance service. Given that home rule cannot be used because the act is uniformly applicable, the reimbursement formula cannot be altered, short of legislative amendment. Cited herein: K.S.A. 1990 Supp. 19-101a; 65-6113.

Download or read book Attorney General Opinion No 1991 127 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Records pertaining to an internal investigation of an agency's employee, disclosure of which would not interfere with a prospective administrative adjudication or civil litigation nor disclose the identity of a confidential informant, may nevertheless be discretionarily closed if they fit the definition of a personnel record set forth in K.S.A. 1990 Supp. 45-221, as amended. Unless specifically altered by law, the decision concerning how to exercise existing discretionary closure authority may be made by the official custodian or custodian of the record, as those terms are defined by K.S.A. 45-217(c) and (d). Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 11; K.S.A. 73-1207; K.S.A. 1990 Supp. 73-1208c; K.S.A. 73-1209.

Download or read book Attorney General Opinion No 1991 117 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The terms of office for members of the advisory council on aging were originally set by statute. All subsequent appointments must be made by reference to the initial terms and each term commences at the end of the preceding term. Any appointments made mid-term are for the remainder of the unexpired term. Appointments made mid-term or following the expiration of a previous term cannot be made to exceed the term set by statute. Thus, the term of the office to which the requestor was appointed expired on June 30, 1991. Cited herein: K.S.A. 75-5911; 75-5912.