Attorney General Opinion No 1983 015

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Attorney General Opinion No. 1983-015

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-015 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-015 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A person practicing social work in a Veterans Administration hospital does not have to be licensed by the State of Kansas, absent such a requirement being imposed by the hospital administrator. The current provisions of paragraphs 2 and 3 of K.A.R. 1982 Supp. 28-39-76(11) and the provisions of K.A.R. 1982 Supp. 28-39-94(b) are inconsistent with the provisions of K.S.A. 1982 Supp. 75-5348. Thus, notwithstanding the provisions of these administrative rules and regulations, persons who are social services designees under these rules and regulations, but who are not licensed under the Licensure of Social Workers Act, K.S.A. 75-5346 e̲t̲ s̲e̲q̲., and who engage in social work practice, or who participate in the delivery of social work services while not under the supervision of a licensed social worker, are engaged in activity violating K.S.A. 1982 Supp. 75-5348(a). Cited herein: K.S.A. 39-923, K.S.A. 1982 Supp. 75-5347, 75-5348, 75-5354, 38 U.S.C. sections 210, 4101, 4105, K.A.R. 1982 Supp. 28-39-76, 28-39-94.

Attorney General Opinion No. 1984-015

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-015 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-015 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: K.S.A. 1983 Supp. 22-2909 provides for the content of diversion agreements which are entered into by a defendant and a county or district attorney. One provision which may be included concerns the payment of restitution, including court costs and diversion costs. While the term diversion costs is not defined in the statute, it can be construed to include those specific expenses actually incurred by personnel of the county or district attorney's office in drafting and executing the diversion agreement: Cited herein: K.S.A. 1983 Supp. 8-1567, 22-2909, K.S.A. 60-2003.

Attorney General Opinion No. 1983-059

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-059 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When the House of Representatives amended 1983 Senate Bill No. 384 so as to transform it from a bill relating to the collection of delinquent taxes owed by nonresidents into a bill providing for the imposition of a severance tax, a new bill was introduced. Thus, when said bill was passed by the House on the same day it was introduced, without the declaration of an emergency, serious questions are raised regarding the validity of this bill in light of Article 2, Section 15 of the Kansas Constitution. Cited herein: Kan. Const., Art. 2, sections 15, 16, 1983 Senate Bill No. 384.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

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.

Attorney General Opinion No. 1983-028

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-028 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An act providing for the forfeiture of a homestead purchased with proceeds derived from an illegal sale of controlled substances would contravene Article 15, Section 9, of the Kansas Constitution. Cited herein: Kan. Const., Art. 15, section 9.

Attorney General Opinion No. 1983-063

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-063 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-063 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.

Attorney General Opinion No. 1983-079

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-079 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-079 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No provision of the Code of Procedure for Municipal Courts, or any other statutory provision, grants general authority to cities to penalize ordinance violations by imprisonment for a term commensurate to that of a felony. Further, cities do not have such authority under constitutional home rule powers, since punishment of serious offenses, for which a term of imprisonment in excess of one year may be imposed, is not a "local affair," as said term is used in Article 12, section 5 of the Kansas Constitution. However, where the state of Kansas has, by statute, delegated to cities the authority to impose such a sentence with respect to a particular ordinance violation, a municipal judge may validly impose the sentence. The state of Kansas has delegated such authority with respect to third or subsequent violations of Section 31 of the S̲t̲a̲n̲d̲a̲r̲d̲ ̲T̲r̲a̲f̲f̲i̲̲c̲ ̲O̲r̲d̲i̲n̲a̲n̲̲c̲e̲ ̲o̲f̲ ̲K̲a̲n̲s̲a̲s̲ ̲C̲i̲t̲i̲e̲s̲, but has not delegated such authority with respect to violations, for a third or subsequent time, of Section 192 of said Ordinance. Cited herein: K.S.A. 8-262, 8-1401, 8-1568, 8-2001, 8-2204, 12-4101, 12-4104, 12-4509, 12-4510, 13-401, 13-424, 13-601, 14-401, 14-439, 14-801, 15-440, 15-501, 20-1401, 20-1403, 20-1424, 20-1428, 20-1501, 20-1502, 20-1601, 20-1603, 20-1801, 20-1803, 20-1901, 20-1902, 20-2001, 20-2002, 20-2101, 20-2102, L. 1965, ch. 90, section 1, L. 1973, ch. 61, section 12-4702, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1983-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-175 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.

Attorney General Opinion No. 1983-016

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-016 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-016 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.

Attorney General Opinion No. 1983-008

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-008 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 10 of L. 1982, Ch. 144 requires the secretary of social and rehabilitation services to establish a state alcohol and drug safety action program (ADSAP). The state ADSAP is funded through an assessment of $85 upon each person who is convicted of, pleads n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to, or participates in a diversion program as a result of, a violation of K.S.A. 1981 Supp. 8-1567. Moneys in the fund may be expended for a variety of services specified by statute, including pre-sentence evaluations, and supervision and monitoring subsequent to sentencing, of persons convicted of or pleading n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation. As a person participating in a diversion program does not fall into either of the above categories, the secretary is without authority to expend moneys from the fund on evaluations for such individuals who have not actually been convicted or pled n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲. However, assessment funds can be used to pay, in full or in part, the cost of any alcohol treatment and/or education program required by the diversion agreement. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 10, L. 1982, ch. 144, sections 7, 15.

Attorney General Opinion No. 1983-148

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-148 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-148 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An improvement district is a public corporation organized to perform governmental functions, and is not a "nonprofit corporation," as said term is used in K.S.A. 15-116. Cited herein: K.S.A. 15-116, 19-2756, 17-6002, 17-6805, 17-7002, 17-7504, 17-7513, K.S.A. 1982 Supp. 82a-902(b).

Attorney General Opinion No. 1983-186

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-186 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-186 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).

Attorney General Opinion No. 1983-178

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-178 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-178 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Attorney General Opinion No. 1983-035

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (861 download)

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Book Synopsis Attorney General Opinion No. 1983-035 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-035 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1982 Supp. 79-3425, there is a daily transfer to the highway fund of 69.23% of certain revenues accruing to the state freeway fund. The legislature clearly intends that proceeds of the various motor fuel taxes credited to said fund be subject to such transfer, but it is difficult to discern from the pertinent statutory provisions whether the legislature intends that a similar transfer be made of moneys representing interest on the highway fund that are credited to the state freeway fund pursuant to K.S.A. 1982 Supp. 68-2313. However, because the state officers charged with the administration and implementation of the relevant statutory provisions have consistently construed such provisions as precluding the daily transfer of highway fund interest moneys from the freeway fund to the highway fund, such interpretation is not only entitled to great weight, but is controlling, in light of the legislature's continued acquiescence in such interpretation. Cited herein: K.S.A. 68-2301, K.S.A. 1982 Supp. 68-2304, K.S.A. 68-2306, K.S.A. 1982 Supp. 68-2313, 79-3401, 79-3425, K.S.A. 79-3474, K.S.A. 1982 Supp. 79-3487, K.S.A. 79-3490, K.S.A. 1982 Supp. 79-34,104, L. 1979, ch. 323, section 3.

Attorney General Opinion No. 1983-091

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-091 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues. Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const. Art. 1, sections 8, 10.

Attorney General Opinion No. 1983-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-118 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1983 Senate Bill No. 28, enacted as L. 1983, ch. 202, provides a limited legislative grant of immunity to a donor of free food to a charitable or non-profit organization which subsequently distributes the food to the public. Except in cases where injury is a direct result of the negligence, recklessness or intentional misconduct of the donor, no liability shall attach. However, the law is restricted to a good-faith donor of canned or perishable food, with the former term defined to mean food which is commercially processed and prepared for human consumption. Food which is processed by an individual in their home, even if by accepted methods of canning, cannot be considered as commercially processed unless the individual normally engages in the sale of such canned goods for profit. Cited herein: L. 1983, ch. 202.

Attorney General Opinion No. 1983-078

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

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Book Synopsis Attorney General Opinion No. 1983-078 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-078 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As introduced by the House Committee on Assessment and Taxation, 1983 House Bill No. 2053 does not involve an unlawful delegation of legislative power and does not contain more than one subject. Cited herein: 1983 House Bill No. 2053, Kan. Const., Art. 2, section 1, Art. 2, section 16.