Download or read book Attorney General Opinion No 1997 085 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: The Ad Astra funds, of which the Kansas Technology Enterprise Corporation holds limited partnership interests through a holding company, are not public agencies for purposes of the Kansas Open Records Act. The Ad Astra funds are also not subject to the Kansas Open Meetings Act. Cited herein: K.S.A. 1996 Supp. 45-217; K.S.A. 56-1a203; K.S.A. 1996 Supp. 74-8101; K.S.A. 74-8102; 74-8104; 74-8109; K.S.A. 1996 Supp. 74-8113; K.S.A. 74-8301; 75-4318.

Download or read book Attorney General Opinion No 1995 085 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.

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 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 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 Attorney General Opinion No 1997 008 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: The taking, use or exhibition of the symbol "Rx" is limited to licensed pharmacists and entities which employ licensed pharmacists. The taking, use or exhibition of that symbol by any other entity is prohibited. The federal Lanham Trademark Act does not preempt the Kansas prohibition against the use of that symbol by other than licensed pharmacists and entities which employ licensed pharmacists. Thus registration of the symbol "Rx" as a service mark pursuant to the federal Lanham Trademark Act does not exempt a furniture refinishing and repairing company from compliance with that Kansas prohibition. Cited herein: K.S.A. 65-636; 65-1626; 15 U.S.C. section 1051; 15 U.S.C. section 1057; 15 U.S.C. section 1121.

Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Attorney General Opinion No 1993 085 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The secretary of state does not possess the authority to determine whether the procedure set forth in K.S.A. 24-1201 et seq., for establishing a watershed district has been properly followed. Therefore, once the secretary of state has received certification from the board of directors of a watershed district showing that a majority of persons voting on the proposition regarding the establishment of a watershed district voted in favor of such proposition, the secretary of state must issue a certificate of incorporation to the board of directors. Cited herein: K.S.A. 24-1201; 24-1207.

Download or read book Attorney General Opinion No 1997 013 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: A unified school district may permit pupils of the school district to utilize the district's transportation services in order to arrive at a religious facility in which the pupils will attend catechism classes if such transportation occurs along the regular transportation routes designated by the unified school district, as required by state statute, and the same service is available for pupils seeking transportation to other religious or nonreligious facilities. The latter is required because a governmental preference of one religion over other religions or nonreligion is not permitted under the Establishment Clause of the First Amendment of the United States Constitution. Cited herein: K.S.A. 72-8302, as amended by L. 1996, ch. 141, section 3; 72-8303; 72-8305; U.S. Const., Amend. I; U.S. Const., Amend. XIV; 20 U.S.C. section 1400.

Download or read book Attorney General Opinion No 1997 027 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: Publication requirements for a county resolution permitting corporate swine production facilities under K.S.A. 17-5908 must be complied with in order for the resolution to become effective. Because the statute does not prescribe a specified time within which publication must be made, the lapse of more than two years between the approval of Hodgeman County Resolution No. 94-6 and proper publication thereof does not prohibit enactment of the resolution, however the resolution does not become effective until sixty days after its proper publication and an opportunity for any protest to be resolved. The sixty day protest period does not begin until the final, proper publication of the resolution. Cited herein: K.S.A. 17-5908.

Download or read book Attorney General Opinion No 1997 022 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: Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.

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 1997 012 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: Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1997 073 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: The provisions of 1997 House Bill No. 2055, dealing with transfer-on-death titling of real property and release of mortgage or deed of trust on real property, do not violate the constitutional provision against bills containing more than one subject. Cited herein: Kan. Const., Art. 2, section 16; 1997 House Bill No. 2055; 1997 House Bill No. 2057, as amended by 1997 House Bill No. 2055, Section 8.

Download or read book Attorney General Opinion No 1996 085 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 practitioner of medicine and surgery may dispense, i.e. deliver, prescription medication (including schedule IV controlled substance legend drugs) through sale to that practitioner's patients. However, in the scenario presented, although the practitioner physically delivers the drugs to the ultimate user, the weight loss clinic is actually selling the drugs to that ultimate user. A weight loss clinic does not fall within the exception provided by K.S.A. 65-1635(a) and thus may not sell drugs without being registered as a pharmacy and without having the actual sale of the drugs being made by a pharmacist or a person acting under the immediate, personal direction and supervision of a pharmacist. Cited herein: K.S.A. 65-1626, as amended by L. 1996, ch. 229, section 118; 65-1635; 65-1636; K.A.R. 100-21-1; 100-21-2 through 100-21-5.

Download or read book Attorney General Opinion No 1997 001 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: Persons who must submit certifications of health pursuant to K.S.A. 72-5213 are those persons who are employees of a unified school district, or under the supervision thereof, and are in regular contact with pupils of the school district. A YouthFriends volunteer is not under a contractual agreement with a school district for services provided as a YouthFriends volunteer, does not receive monetary compensation from the school district for such services, and is not under the control of the school district to the extent necessary to deem the YouthFriends volunteer an employee of the school district. A determination regarding whether a YouthFriends volunteer is under the supervision of the school district and comes in regular contact with pupils of the school district such that the YouthFriends volunteer must submit a certification of health pursuant to K.S.A. 72-5213 must be made on a case-by-case basis. Cited herein: K.S.A. 44-501; K.S.A. 1995 Supp. 44-508, as amended by L. 1996, ch. 79, section 3; K.S.A. 72-5213; 75-6101; K.S.A. 1995 Supp. 75-6102, as amended by L. 1996, ch. 91, section 4; L. 1980, ch. 219, section 1; L. 1974, ch. 300, section 1; L. 1963, ch. 358, section 2.

Download or read book Attorney General Opinion No 1997 031 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: A juvenile who violates an ordinance that proscribes conduct that is not prohibited by statute has not committed an act that would constitute a felony or misdemeanor as defined by K.S.A. 1996 Supp. 21-3105 and thus may be prosecuted in municipal court. Cited herein: K.S.A. 1996 Supp. 21-3105; K.S.A. 21-3512; 21-3701; 21-4501; K.S.A. 1996 Supp. 21-4502; 21-4503a; 38-1602; K.S.A. 38-1604.