Download or read book Attorney General Opinion No 1992 071 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: In our opinion the portion of K.S.A. 23-501 which provides that the secretary of health and environment (KDHE) shall establish and maintain family planning centers is directory in nature, not mandatory. K.S.A. 23-501 prohibits the distribution of contraceptive information and services to minors through family planning centers established and maintained by KDHE. Such centers are not presently maintained by KDHE specifically because of the prohibition of K.S.A. 23-501. Should KDHE reestablish and maintain family planning centers in the future, so long as K.S.A. 23-501 is in effect contraceptive services could not be provided to minors at such centers. A mature minor may authorize medical and surgical services, including contraceptive services, by giving an informed consent to such services. In the absence of an informed consent medical care is unauthorized, thus subjecting the medical care providers, whether public or private, to potential liability. Two distinct governmental interests may be served simultaneously without jeopardizing the legality of either. The mere fact of apparent inconsistency alone does not negate either governmental interest nor does one interest prevent or preclude legislation promoting another interest. Statutes protecting minors from illicit sexual activity thus do not preclude acceptance and distribution of Title X funds which are conditioned upon provision of contraceptive services to minors. Cited herein: K.S.A. 21-3502; K.S.A. 1991 Supp. 21-3503; K.S.A. 21-3504; 21-3602; 21-3606; 23-501; 23-502; 38-1501; L. 1965, ch. 384, section 1; L. 1973, ch. 186, section 20; L. 1975, ch. 462, section 34; L. 1980, ch. 182, section 20; 42 U.S.C.S. section 300.

Download or read book Attorney General Opinion No 1996 071 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A licensed or certified county or district appraiser would be the appropriate respondent in a complaint filed with the board which alleges errors, omissions, carelessness, negligence or lack or reasonable diligence in the development or report of a mass appraisal property, even when such was performed, in whole or in part, by an unlicensed or uncertified person working under the supervision of the licensed or certified county or district appraiser. In addition, any other licensed or certified appraiser who partiCipated in the appraisal development or report complained about should be named as a respondent as well. Mere dissatisfaction by a taxpayer with the value assessed by a county or district appraiser's office does not provide a legally sufficient basis for board investigation or initiation of a disciplinary proceeding against a licensed county or district appraiser. For the board to assume jurisdiction, a complaint filed with the board must factually allege on its face that the assessed value resulted from errors, omissions, carelessness, negligence or lack of reasonable diligence in the development and/or report of a mass appraisal property. Cited herein: KS. A 19-425; 19-430; 58-4101; 58-4102; 58-4118; 58-4119; 58-4121; KS. A 1995 Supp. 79-505; 79-1411b; KS. A 79-1412a; 79-1455; 79-1456; L. 1992, ch. 249, section 1; L. 1992, ch. 249, section 3; L. 1992, ch. 282, section1; L. 1994, ch. 242, section 2; KAR. 117-8-1; 12 U.S.C. section 3331;12 C.F.R. section 34.44.

Download or read book Attorney General Opinion No 1986 071 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 Grain Inspection Department may require additional security of a grain warehouse operator who is currently petitioning for bankruptcy under Chapter 11 of the United States Code. Cited herein: 11 U.S.C. section 301; section 302; section 303; section 362; K.S.A. 1985 Supp. 34-228(b)(1); 34-229(e); 34-2,100.

Download or read book Attorney General Opinion No 1981 071 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1992 151 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: Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.

Download or read book Attorney General Opinion No 1992 128 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: Pursuant to K.S.A. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.

Download or read book Attorney General Opinion No 1987 071 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: K.S.A. 12-1789 authorizes the filing of a petition in opposition to the continuation of a business improvement district. The sufficiency of such a petition is to be determined in accordance with the provisions of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 12-1781; 12-1789; 25-3601; 25-3602.

Download or read book Attorney General Opinion No 1992 137 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: The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.

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 1992 100 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: A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.

Download or read book Attorney General Opinion No 1997 071 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.

Download or read book Attorney General Opinion No 1992 083A 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: The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.

Download or read book Attorney General Opinion No 1992 015 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: The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.

Download or read book Attorney General Opinion No 1977 071 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: A rule proposed for adoption by the Joint Committee on Special Claims restricting compensation which a claimant may pay to an attorney retained to represent the claimant before the committee is unnecessary, for such contingent fee agreement is already prohibited by K.S.A. 1976 Supp. 46-267.

Download or read book Attorney General Opinion No 1992 074 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: As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1992 119 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: The legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.

Download or read book Attorney General Opinion No 1992 105 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: An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable. Cited herein: K.S.A. 72-5411, as amended by L. 1992, ch. 20, section 1; K.S.A. 1991 Supp. 72-5412; 72-5413; K.S.A. 72-5414; 72-5421; K.S.A. 1991 Supp. 72-5423; K.S.A. 72-5424; 72-5437, as amended by L. 1992, ch. 20, section 2.