Download or read book Attorney General Opinion No 1989 108 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The application deposit required by K.S.A. 1988 Supp. 74-8815(d) is forfeited upon voluntary surrender of a facility owner license. An organization license is not affected by voluntary surrender of the licenses of the facility owner and facility manager with whom it has contracted. The organization license remains intact unless and until the organization licensee violates provision of the racing act, a regulation of the commission, or a term of the license. Cited herein: K.S.A. 1988 Supp. 74-8803; 74-8813; 74-8815; K.A.R. 112-3-3; 112-3-5; 112-3-18.

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 1990 108 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Funding for the Kansas agriculture and rural leadership program is outside the scope of the duties, authorities and powers of the Kansas wheat commission and therefore would be a violation of K.S.A. 1989 Supp. 2-2609(b). Cited herein: K.S.A. 1989 Supp. 2-2606; 2-2608; 2-2609.

Download or read book Attorney General Opinion No 1989 111 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.

Download or read book Attorney General Opinion No 1989 038 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.

Download or read book Attorney General Opinion No 1989 017 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether a traffic related offense which is classified as a misdemeanor should be considered a "misdemeanor" or a "law regulating traffic" for purposes of assessing the correct docket fee under K.S.A. 1988 Supp. 28-172a must be determined on a case-by-case basis taking into consideration the amount of time and effort typically required to prosecute such an offense. Cited herein: K.S.A. 20-362; K.S.A. 1988 Supp. 28-172a; L. 1984, ch. 39, section 1; L. 1978, ch. 108, sections 3, 9; L. 1976, ch. 163, section 28.

Download or read book Attorney General Opinion No 1982 108 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city of the third class may, pursuant to its constitutional home rule powers, exempt itself, by charter ordinance, from that portion of K.S.A. 15-809 which requires that the excess proceeds from the sale of a city-owned utility be paid into the city's general fund. The provisions of K.S.A. 55-211a are uniformly applicable to all cities, and a city may not exempt itself from that portion of the statute which prescribes that moneys arising from the lease of lands for drilling for oil or gas, or from the production of oil or gas, shall become a part of the city's general fund. Cited herein: K.S.A. 15-809, 55-211a, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1989 072 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Download or read book Attorney General Opinion No 1990 055 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-2766a provides that prosecution of violations of improvement district resolutions "shall be conducted in the manner provided by law for prosecution of misdemeanor violations of state law." Such misdemeanor violations are prosecuted by the county or district attorney. It is therefore our opinion that a county attorney has the authority and duty to prosecute violations of improvement district resolutions. However, such a duty remains subject to the principle of prosecutorial discretion. Cited herein: K.S.A. 2-1219; 8-286; K.S.A. 1989 Supp. 9-2014; K.S.A. 12-403; 19-214; 19-618; 19-701; 19-702; 19-703; 19-2688; 19-2753; 19-2765; 19-2766a; 19-2766b; 21-1803; 21-3105; 22-2104; 22-2519; 22-3902; 22a-104; 23-462; 24-120; K.S.A. 1989 Supp. 25-308; K.S.A. 31-105a; and 75-108.

Download or read book Attorney General Opinion No 1990 084 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.

Download or read book Attorney General Opinion No 1989 018 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutes authorizing early retirement incentive program do not limit an agreement for such benefits to a one-year period. If the program is part of a negotiated contract between a board of education and a professional employees' organization the terms of which exceed a one-year period, then the program is not in conflict with the continuing contract law for teachers. Cited herein: Cited herein: [sic] K.S.A. 72-5395; 72-5396; 72-5411; K.S.A. 1988 Supp. 72-5423(d).

Download or read book Attorney General Opinion No 1989 008 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1989 015 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.

Download or read book Attorney General Opinion No 1989 080 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While registration acts generally do not restrict the practice of a regulated profession, the legislature may by statute place limitations on the scope of practice. The legislative history of K.S.A. 1988 Supp. 65-5812(e) reflects the plain meaning and intent of the words used in this provision. Thus, registered professional counselors may not diagnose or treat mental illness or disease. Cited herein: K.S.A. 1988 Supp. 65-5001; 65-5801; 65-5802; 65-5803; 65-5812; 74-7507.

Download or read book Attorney General Opinion No 1989 032 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.

Download or read book Attorney General Opinion No 1989 133 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1993 108 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 convening of the standing committees which have been designated by the legislative coordinating council as interim study committees between regular sessions of the legislature does not violate article 2, section 8 of the Kansas constitution. Furthermore, the legislative coordinating council has broad statutory power to dictate the subjects that the standing committees will study during the interim session and, consequently, standing committees are authorized to meet and consider whatever subjects have been authorized by the council. Cited herein: K.S.A. 1992 Supp. 46-134a; K.S.A. 46-157; K.S.A. 1992 Supp. 46-801; K.S.A. 46-1002; 46-1201; K.S.A. 1992 Supp. 46-1202; K.S.A. 46-1205; 46-1206; 46-1207; 46-1604, as amended by L. 1993, ch. 136, sec. 3; Kan. Const., Art. 2, Secs. 1, 2, 8.