Download or read book Attorney General Opinion No 1999 051 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 costs associated with the creation of a sewer district pursuant to K.S.A. 19-27a01 et seq. should be paid from a levy on all of the pieces of property within the district when the board of county commissioners makes a determination after the district has been created that the project is not feasible. Because the statute does not provide a method of assessment, the board of county commissioners may determine an assessment plan that is fair and equitable to collect expenses associated with the sewer district. Cited herein: K.S.A. 19-27a01; 19-27a03; 19-27a04; 19-27a06.

Download or read book Attorney General Opinion No 1984 051 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: State law prohibits the sale or consumption of alcoholic liquor at any location to which the general public has access regardless of whether or not the premises are privately owned. Criminal responsibility for allowing consumption in violation of state law is a question of fact that can be determined only on a case by case basis. In the absence of a cereal malt beverage license, cereal malt beverages may be dispensed at functions where an admission is charged only if no part of the admission charge is directly or indirectly used to pay for the cereal malt beverage. Cited herein: K.S.A. 21-3201, 41-719, 41-2602, 41-2603 and 41-2604.

Download or read book Attorney General Opinion No 1993 051 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: Although price cutting may be an instrument of monopoly power to eliminate competitors, a newspaper company's discounted advertisement rate, in itself, is merely a competitive price cutting. There is no violation of antitrust laws under the facts presented. Cited herein: K.S.A. 50-101.

Download or read book Attorney General Opinion No 1995 051 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: An administrative law judge employed by the division of workers compensation of the department of human resources is not prohibited by statute from also serving part time as judge of a municipal court, as long as the individual serving in both capacities devotes full time to the duties of administrative law judge. Cited herein: Kan. Const., Art. 3, section 13; K.S.A. 12-4104; K.S.A. 1994 Supp. 12-4106; 75-5708.

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 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.

Download or read book Attorney General Opinion No 1999 016 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: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.

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 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 1999 025 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: Proposed 1999 Substitute for Senate Bill No. 80 would create an external review process conducted by qualified and credentialed health care providers to review an adverse decision against a consumer by an insurer under a health insurance plan. The judicial review provisions of the proposed legislation treat the insurer and the insured equally and thus do not offend the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Cited herein: U.S. Const., 14th Amend.

Download or read book Attorney General Opinion No 1999 038 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: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.

Download or read book Attorney General Opinion No 1996 051 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: The secretary of health and environment has statutory authority to adopt a regulation which prohibits the keeping of certain mammals as pets and prohibits the removal of musk glands of skunks for the purpose of attempting to domesticate the mammal. Cited herein: K.S.A. 47-816; 47-817; 65-101; K.S.A. 1995 Supp. 77-415; K.A.R. 28-1-14.

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 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 1994 051 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 Mr. Richard Kaminski was elected as a member of the board of county commissioners prior to enactment of L. 1993, ch. 250, sec. 2, Mr. Kaminski was required to be a resident of the commissioner district at the time he took the oath of office, but not at the time he filed his candidacy or at the time of election. If Mr. Kaminiski was successful in moving his residence to the third commissioner district, he was then qualified to take the oath of office and begin service as the county commissioner for the third district. Based on the information provided, it appears the board of county commissioners for Wyandotte county operated within its authority in enacting resolution no. 3008. Cited herein: K.S.A. 19-202; K.S.A. 1993 Supp. 19-202; K.S.A. 19-204; K.S.A. 1993 Supp. 19-204; K.S.A. 25-407; 25-2022a; 72-7504; K.S.A. 1993 Supp. 77-201; L. 1992, ch. 38, secs. 2, 6; L. 1993, ch. 250, secs. 2, 5; Kan. Const., art. 5, sec. 1; Kan. Const., art. 10, sec. 1; 18 U.S.C. sec. 591; 42 U.S.C. sec. 1971; U.S. Const., art. 1, sec. 2; U.S. Const., Amend. XIV, XV, XIX, XXIV, XXVI.

Download or read book Attorney General Opinion No 1999 065 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 a protest petition and referendum, a charter ordinance is effective sixty days after its final publication regardless whether a certified copy is filed with the Secretary of State. Cited herein: K.S.A. 15-201; Kan. Const., Art. 12, section 15.

Download or read book Attorney General Opinion No 1999 014 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: In order to ensure that a unified school district remains within the authority conferred under K.S.A. 1998 Supp. 72-5395, it is advisable that the school district have in place some mechanism or procedure for establishing the penalty incurred under the Federal Insurance Contributions Act (FICA) or the Kansas Public Employees Retirement System (KPERS) by an employee who retires before the normal retirement age of 65 years. However, the existence of such a mechanism is not statutorily required. The fact that the early retirement incentive plan of a unified school district does not have such a mechanism in place does not, in and of itself, invalidate the plan. A person is deemed to reach "retirement age" when the person turns 65 years of age. While a person is entitled to receive a monthly old-age insurance benefit upon attaining the age of 62, the amount of the monthly benefit is reduced pursuant to a formula enacted by Congress. This reduction is the "penalty" referred to in K.S.A. 1998 Supp. 72-5395. The authority of the school district is limited to establishing an early retirement incentive program which reduces in whole or in part the penalty incurred under FICA or KPERS for retiring before the normal retirement age. A school district exceeds its statutory authority if it confers a benefit under an early retirement incentive program to an employee who has not incurred a penalty under FICA or KPERS for retiring early. An early retirement incentive plan which provides benefits on a sliding scale based solely on the age of the plan participants, resulting in a reduction of the benefits available to older plan participants, violates the Age Discrimination in Employment Act as amended by the Older Workers' Benefit Protection Act of 1990. Cited herein: K.S.A. 1998 Supp. 72-5395; 29 U.S.C.A. section 621; 29 U.S.C.A. section 623; 42 U.S.C.A. section 402; 42 U.S.C.A. section 415; 42 U.S.C.A. section 416; Pub. L. 101-433, 104 Stat. 978 (1990).