Download or read book Attorney General Opinion No 1994 085 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the lump-sum death benefit payable pursuant to K.S.A. 1993 Supp. 74-4989 is intended to be paid for the benefit of the retirant rather than an heir or beneficiary of the retirant, and K.S.A. 1993 Supp. 74-4989 does not provide that the lump-sum death benefit is payable to a beneficiary of the retirant, the lump-sum death benefit is to be paid to the retirant. Cited herein: K.S.A. 1993 Supp. 12-5005; K.S.A. 20-2618; 59-1301; K.S.A. 1993 Supp. 74-4902; K.S.A. 74-4923; K.S.A. 1993 Supp. 74-4989; L. 1982, ch. 319, sec. 2; L. 1983, ch. 254, sec. 18; L. 1992, ch. 321, secs. 10, 25, 27.

Download or read book Attorney General Opinion No 1994 117 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.

Download or read book Attorney General Opinion No 1988 085 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: 42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.

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 1994 047 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.

Download or read book Attorney General Opinion No 1994 095 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.

Download or read book Attorney General Opinion No 1994 098 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.

Download or read book Attorney General Opinion No 1987 085 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: In lieu of a comparable Environmental Protection Agency (EPA) program, the Kansas Department of Health and Environment (KDHE) is authorized by the EPA to conduct a hazardous waste program as prescribed by the federal Resource Conservation and Recovery Act (RCRA). KDHE must meet various federal open records requirements to maintain authorization. KDHE meets all federal requirements for timely response to informational inquiries. Additionally, the Secretary has the authority pursuant to K.S.A. 65-3431 to adopt rules and regulations as shall be necessary to carry out the purposes of the Hazardous Waste Act (K.S.A. 65-3430 e̲t̲ s̲e̲q̲.) Cited herein: K.S.A. 45-218; K.S.A. 45-221; K.S.A. 45-222; 65-3401 e̲t̲ s̲e̲q̲.; 65-3430 e̲t̲ s̲e̲q̲.; 65-3431; 5 U.S.C. section 552; 40 C.R.F. 2.112 (1986); section 2.118 (1986).

Download or read book Attorney General Opinion No 1994 118 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A. 25-620, unless otherwise specifically provided. The question set forth in the petition must be preceded by the phrase "Shall the following be adopted." Cited herein: K.S.A. 25-601; 25-605a; 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sec. 3.

Download or read book Attorney General Opinion No 1994 009 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.

Download or read book Attorney General Opinion No 1994 038 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of the governing board of a community mental health center who are also consumers of mental health services, representatives of mental health consumer groups, or family members of mentally ill persons may not keep their identities confidential in their official functions. Cited herein: K.S.A. 19-4001; K.S.A. 1993 Supp. 19-4002; K.S.A. 19-4003; 19-4004; K.S.A. 1993 Supp. 59-2931; 60-427; K.S.A. 65-5602; 65-5604; 74-5323.

Download or read book Attorney General Opinion No 1994 033 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.

Download or read book Attorney General Opinion No 1994 084 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The application affidavit provisions of 1994 senate bill no. 459 do not require notarization if an unsworn written declaration, subscribed under penalty of perjury, in substantially the form required by K.S.A. 1993 Supp. 53-601 is given in lieu of a sworn affidavit. Cited herein: K.S.A. 1993 Supp. 53-502; 53-601; K.S.A. 54-101; 54-105; 1994 S.B. No. 459.

Download or read book Attorney General Opinion No 1994 132 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A public official may not deny access to a public record unless the disclosure is prohibited by federal or state law or the record fits one of the exceptions listed in K.S.A. 45-221. Public land records are public records which do not fit any of these exceptions, and are therefore open for inspection. A custodian who relies in good faith on a certification by a requestor that the information obtained from public records will not be used in a prohibited manner is not subject to criminal charges under K.S.A. 21-3914. Therefore, a public official may not deny a requestor access to records, which are otherwise open, when the appropriate certification is submitted pursuant to K.S.A. 45-220, and the official is acting in good faith. Cited herein: K.S.A. 21-3914, as amended byL. 1994, ch. 317, sec. 1.; K.S.A. 45-217, as amended by L. 1994, ch. 293, sec. 4; 45-220; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138.

Download or read book Attorney General Opinion No 1994 136 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.

Download or read book Attorney General Opinion No 1994 018 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Law enforcement officers may carry a concealed firearm outside the territorial limits of their jurisdiction within the state whether on or off duty. Cited herein: K.S.A. 22-2401a; K.S.A. 1993 Supp. 21-3110; 21-4201.

Download or read book Attorney General Opinion No 1994 056 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.