Attorney General Opinion No 1981 161

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Attorney General Opinion No. 1981-161

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-161 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-161 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of the Real Estate Brokers' and Salespersons' License Act, K.S.A. 1980 Supp. 58-3034 e̲t̲ s̲e̲q̲., any person, in the absence of all applicable exemption, must be licensed as a real estate broker, associate broker, or salesperson in order to auction real estate as an employee of or on behalf of the owner of real estate. Although subsection (d) of K.S.A. 1980 Supp. 58-3037 exempts the executor of an estate from the licensure requirement, said exemption statute does not exempt unlicensed auctioneers employed by the executor, and such nonexempt, unlicensed auctioneers may not auction real estate. Cited herein: K.S.A. 1980 Supp. 58-3035, 58-3036, 58-3037.

Attorney General Opinion No. 1986-161

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

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Book Synopsis Attorney General Opinion No. 1986-161 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-161 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Any law enforcement officer may execute an arrest warrant within the officer's jurisdictions. Cited Herein: K.S.A. 19-812a; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, 150; K.S.A. 22-2305; K.S.A. 1985 Supp. 22-2401a.

Attorney General Opinion No. 1981-164

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-164 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-164 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.

Attorney General Opinion No. 1981-071

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-071 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-071 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1981-045

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-045 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.

Attorney General Opinion No. 1981-195

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-195 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-195 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Funds generated in the operation of college and university dormitories for which revenue bonds remain outstanding are to be placed in custodial accounts and invested by the pooled money investment board as "surplus reserves," unless otherwise required by bond agreements. Income in the form of interest on such accounts is to be credited to the custodial account generating such income and is not to be placed in the state general fund, unless otherwise required by bond agreements. Cited herein: K.S.A. 75-4201, 75-4210a, 75-4251, 75-4252, 75-4253, 75-4255, 76-161, 76-6a01, 76-6a05, 76-6a12, 76-6a15, 76-6a21.

Attorney General Opinion No. 1979-161

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (877 download)

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Book Synopsis Attorney General Opinion No. 1979-161 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1979-161 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A person is entitled to inspect his or her own criminal history record information pursuant to K.S.A. 1978 Supp. 22-4709. However, K.S.A. 1978 Supp. 22-4710 forbids an employer from requiring an employee to make such an inspection in order to furnish the employer with a copy of the person's record. Further, an employer may not be authorized by the employee to view the employee's criminal history record information.

Attorney General Opinion No. 1981-021

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-021 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-021 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There are no statutory obstacles to a member of the board of education of a unified school district simultaneously holding either of the offices of county attorney or municipal judge of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude either of such simultaneous incumbencies. Cited herein: K.S.A. 19-702, 19-704, 19-705.

Attorney General Opinion No. 1981-176

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-176 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-176 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.

Attorney General Opinion No. 1981-107

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-107 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.

Attorney General Opinion No. 1981-081

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-081 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-081 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.

Attorney General Opinion No. 1981-027

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-027 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-027 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.

Attorney General Opinion No. 1981-216

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-216 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-216 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1981-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-118 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.

Attorney General Opinion No. 1981-260

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-260 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-260 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1980 Supp. 22-4504 (as amended by L. 1981, ch. 157, sec. 1), the board of supervisors of panels to aid indigent defendants is empowered to adopt rules and regulations concerning the ability of a defendant in a criminal action to retain counsel to assist in his defense. Such rules and regulations specifically relate to the income, assets and anticipated costs of representation of a defendant. Pursuant to the 1981 amendment, such rules and regulations are controlling on any determination by a judge or magistrate as to whether a defendant is financially unable to employ counsel. Moreover, these rules and regulations are adopted in accordance with K.S.A. 77-415 e̲t̲ s̲e̲q̲., thus allowing the legislature to modify or reject them through the adoption of a concurrent resolution (K.S.A. 1980 Supp. 77-426). Insofar as the making of indigency determinations involves the resolution of questions of fact, which is a judicial and not a legislative function, control by the legislature over such determinations is an impermissible interference with the authority of another department of government. Accordingly, those provisions of L. 1981, ch. 157 which require the submission of such rules and regulations to the legislature and which make any rules and regulations so adopted binding on district courts are unconstitutional as violative of the separation of powers doctrine. Cited herein: K.S.A. 1980 Supp. 22-4501, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4507, K.S.A. 22-4512, K.S.A. 1980 Supp. 22-4514, 77-415 (as amended by L. 1981, ch. 157, section 3), Kansas Constitution, Article 3, Section 1, United States Bill of Rights, Sixth Amendment, Fourteenth Amendment.

Attorney General Opinion No. 1981-044

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-044 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-044 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.

Attorney General Opinion No. 1981-043

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-043 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-043 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 72-5392 e̲t̲ s̲e̲q̲. do not repeal, by implication, the provisions of K.S.A. 72-1204 e̲t̲ s̲e̲q̲. The latter remain in full force and effect, and there is no transfer of the responsibility to provide "basic hearing screening" to public school districts only. The provision of a special education program that is designed to impact and involve every aspect of a child's r̲e̲m̲e̲d̲i̲a̲l̲ educational experience does not involve an excessive entanglement between church and state, even though designed by a public employee for a parochial school child, so long as said program is not forced upon parochial school teachers for inclusion in the classroom activities of the parochial school. Attorney General Opinion No. 81-27 affirmed.) (Cited herein: K.S.A. 72-1204, 72-1205, 72-5392, 72-5393.