Download or read book Attorney General Opinion No 1999 009 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A third party acting in a contractual capacity with a swine facility operator may provide financial assurance on behalf of the operator to cover the cost of closure of the swine facility or lagoon if the operator provides evidence satisfactory to the Kansas Department of Health and Environment (KDHE) that those closure costs will be accessible to the KDHE when needed. K.A.R. 28-18a-23 and 28-18a-24 set forth mechanisms to demonstrate financial assurance. Which mechanism is appropriate will depend on the particular circumstances of each facility and the parties involved. Although the regulations provide for self-insurance, self-insurance by a third party should only be allowed if the operator demonstrates to the satisfaction of the KDHE that adequate funds will be legally available and accessible to the KDHE in the event of closure. Cited herein: K.S.A. 1998 Supp. 65-1,179; 65-1,181; 65-1,182; 65-1,189; 65-1,190; K.A.R. 28-18a-23; 28-18a-24.

Download or read book Attorney General Opinion No 1999 021 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While a court could choose to uphold the definition of partial birth abortion found in 2000 Substitute for House Bill No. 2581 by ruling that it cannot be applied in any situation involving a D & E procedure, we believe it is more likely the court would find that the term "partial birth abortion" is defined in the Bill in such general terms, and the exception for D & E defined so narrowly, that some versions of the D & E procedure are included within its prohibition thus rendering it a substantial obstacle and unconstitutional because it applies to all stages of pregnancy, rather than just post-viability. Cited herein: K.S.A. 1999 Supp. 65-6721; 2000 Sub. for HB 2581.

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 1999 052 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsection (c) of K.S.A. 25-4323 states that no more than one less of a majority of a local governing body may be subject to recall at the same time. The number of members serving on a three-member board who may be subject to recall at the same time is one. A local officer is subject to recall once a petition seeking recall of the officer is properly filed. If a petition seeking recall of one member of a three-member governing body has been filed with the county election officer and the county election officer has determined the petition was properly filed, a petition seeking recall of a second member may not be approved by the county election officer until after the recall election on the first member has been conducted. While a petition seeking recall of a second member of a three-member governing body may not be approved until the recall election on the first member is conducted, the petition may still be circulated. Cited herein: K.S.A. 25-4301; 25-4302, as amended by L. 1999, Ch. 105, section 8; 25-4318; 25-4322, as amended by L. 1999, Ch. 105, section 9; 25-4323; 25-4324, as amended by L. 1999, Ch. 105, section 10; 25-4326; Kan. Const., Art. 4, section 3; L. 1987, Ch. 130, section 1; L. 1978, Ch. 147, sections 2, 6; L. 1976, Ch. 178, section 26.

Download or read book Attorney General Opinion No 1993 009 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 incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.

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 1999 048 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.

Download or read book Attorney General Opinion written by Steve Six and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A contractual provision, which would require appointed counsel to raise the issue of payment of the BIDS application fee at sentencing, does not conflict with the restriction in K.S.A. 22-4520 that prohibits BIDS from making any decision regarding the handling of any case or interfering with appointed counsel in carrying out their professional duties. Cited herein: K.S.A. 22-4520; 22-4529.

Download or read book Attorney General Opinion No 1999 061 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment that can be enforced by garnishment. Moreover, such order cannot be enforced as a civil judgment unless the Legislature so authorizes. Cited herein: K.S.A. 1998 Supp. 22-4513; 38-1511; K.S.A. 38-1593; 60-714; 60-716.

Download or read book Attorney General Opinion No 1999 032 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The grounds in the petition seeking the recall of the Greenwood County Commissioner are set forth with sufficient particularity as to allow the Greenwood County Commissioner an opportunity to prepare a statement in justification of his conduct in office. The veracity of the allegations contained in the recall petition is to be determined by the electorate, not the county attorney. Cited herein: K.S.A. 25-4302; 25-4320; Kan. Const., Art. 4,3.

Download or read book Attorney General Opinion No 2019 009 written by Derek Schmidt and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A proposed process for the disposition of a dead human body that includes cryogenically freezing the body, applying vibration to shatter the frozen body into particles, and freeze-drying the particles does not meet the definition of "cremation" set out in statute and regulations. Cited herein: K.S.A. 65-1760 and regulations adopted thereunder."

Download or read book Attorney General Opinion No 1999 050 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1999 057 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1998 Supp. 25-4501 states "there shall be held a presidential preference primary." The provision is mandatory. Although the expense of conducting the presidential preference primary may well prove burdensome for the counties of the State, the statutory language obligates the counties to conduct the presidential preference primary regardless whether the Legislature acts to appropriate monies which would be used to reimburse the counties for the costs associated with conducting the presidential preference primary. Cited herein: K.S.A. 1998 Supp. 25-4501; K.S.A. 25-4508; Kan. Const., Art. 2, section 24.

Download or read book Attorney General Opinion No 1999 066 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may pay litigation expenses when it is a named party in a lawsuit. It may also pay the expenses of legal counsel representing a member of the board of education or an officer or employee of the school district if such individual is sued in a situation relating to and arising out of the performance of his or her office or employment. A unified school district is not authorized to contribute funds to pay a portion of the costs of litigation borne by the remaining plaintiffs in a lawsuit once the school district is removed as a plaintiff in the suit. Cited herein: K.S.A. 72-6405; 72-8121; 72-8201; 72-8205.

Download or read book Attorney General Opinion No 1999 031 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unified School District No. 263 may enter into a joint venture with the City of Mulvane to construct and manage a community building and, with voter approval, may issue general obligation bonds to finance the district's portion of the project, without being subject to the debt limitations set for bonds issued to finance buildings used for school district purposes. Cited herein: K.S.A. 12-1769; 72-6761.

Download or read book Attorney General Opinion No 2014 009 written by Derek Schmidt and published by . This book was released on 2014 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: Synopsis: The use of a flashlight or spotlight by a law enforcement officer at an intersection from a public vantage point to see if the occupants of a motor vehicle are wearing seatbelts is not a search and does not violate the Fourth Amendment. Roadway checkpoints may be constitutional if they serve a purpose other than detecting evidence of ordinary criminal wrongdoing. If a checkpoint serves an acceptable purpose, its constitutionality depends on how it is conducted. Cited herein: K.S.A. 8-2501; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.

Download or read book Attorney General Opinion No 1999 010 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.