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Attorney General Opinion No 1987 102
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Book Synopsis Attorney General Opinion No. 1987-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-102 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where a municipal utility passes on a supplier rate increase to its customers, and subsequently receives a refund upon disallowance of the increase, any liability of the municipal utility to distribute the refund to its customers (located within the municipality) is in the nature of a quasi-contractual obligation based on the doctrine of unjust enrichment. Accordingly, any action by a customer for a refund must be brought within 3 years. K.S.A. 60-512(1). Cited herein: K.S.A. 60-512; 66-104.
Book Synopsis Attorney General Opinion No. 1987-184 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-184 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Persons who may supervise registered masters level psychologists (RMLPs) must meet two requirements: (1) They must be licensed to provide mental health services and (2) their licensure must allow them to diagnose and treat psychological disorders. It is our opinion that licensed psychologists meet these requirements, but social workers and psychiatrists do not. Cited herein: K.S.A. 65-2802; 65-2803; 65-2869; 65-2872; K.S.A. 1986 Supp. 74-5302; 74-5310; K.S.A. 74-5311; 74-5340; 74-5344, as amended by L̲.̲ ̲1̲9̲8̲7̲, c̲h̲.̲ ̲3̲0̲6̲, section 12; 75-5347; K.S.A. 1986 Supp. 757-5353; K.A.R. 102-1-1; K.A.R. 1986 Supp. 102-1-12; K.A.R. 102-2-la; K.A.R. 102-2-8, as amended May 1, 1987.
Book Synopsis Attorney General Opinion No. 1987-125 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-125 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 68-406 gives the secretary of transportation the power to remove from the state highway system roads which have little or no state-wide significance. The statute by implication therefore requires counties to accept legal responsibility for abandoned state highways. However, a board of county commissioners is empowered to vacate any abandoned highway for which it has accepted responsibility, if the commissioners determine that the cost of maintenance exceeds any practical use in retaining the highway under its jurisdiction. Cited herein: K.S.A. 68-102; 68-102a; 68-107; 68-406.
Book Synopsis Attorney General Opinion No. 1987-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-024 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutes concerning licensure of psychologists do not require all persons engaged in the practice of psychology to be licensed. K.S.A. 1986 Supp. 74-5344. The Treatment Act for Mentally Ill Persons, however, specifically defines the term "psychologist" to mean li̲c̲e̲n̲s̲e̲d̲ psychologist. K.S.A. 1986 Supp. 59-2902(1). Therefore, persons engaged in the practice of psychology who are not licensed can not be considered as "psychologists" under the provisions of K.S.A. 59-2901 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1986 Supp. 59-2901; 59-2902; 59-2908; 59-2909; 59-2910; 59-2927a; 59-2928; 59-2929; 74-5302; 74-5310; 74-5344; 74-5348; K.S.A. 74-7502; K.S.A. 1986 Supp. 74-7507; K.A.R. 1986 Supp. 102-1-5; K.A.R. 102-1-11.
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)
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.
Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-121 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Book Synopsis Attorney General Opinion No. 1987-112 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-112 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Only licensed specialist clinical social workers (LSCSW) may engage in the private, independent practice of social work. Social workers not licensed as a LSCSW may engage in private practice if their practice is supervised by a LSCSW. Cited herein: K.S.A. 74-7502; K.S.A. 1986 Supp. 74-7507, as amended by L. 1987, ch. 315, section 17; K.S.A. 75-5346; 75-5351; K.S.A. 1986 Supp. 75-5353; K.A.R. 102-2-la, as amended May 1, 1987; 102-2-8, as amended May 1, 1987; 102-2-12, as amended May 1, 1987.
Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-045 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1987-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-126 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-065 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-023 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Book Synopsis Attorney General Opinion No. 1988-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-102 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The procedure for amending a birth certificate to add or correct the name of a parent or to change the name of a child to that of a parent, is intended to reconcile a birth certificate with the facts which existed at the time the certificate was issued. The statute generally requires participation of both parents in the proceeding. However, on a case-by-case basis, an individual who is a single parent because of death or lack of acknowledgment of the other parent may proceed under that section if doing so does not broaden application of the statute, conflict with other statutes, or infringe on the interest of the absent parent. Cited herein: K.S.A. 38-1115, 38-1130, 60-1402, 65-2422a, 65-2422c, K.S.A. 1987 Supp. 77-201 T̲h̲i̲r̲d̲; K.A.R. 28-17-20; L. 1986, ch. 157.
Book Synopsis Attorney General Opinion No. 1987-097 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-097 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of the Board of State Fair Managers are state employees for purposes of the Kansas Tort Claims Act. As such, except as provided in K.S.A. 75-6104, they are subject to suit for claims arising out of their wrongful acts. Members who have been held liable for damages occurring within the scope of their employment shall be indemnified by the state, though in the event the employee has acted with actual fraud or malice or has failed to cooperate in the defense, the state is entitled to repayment of any amounts paid out. The board is given authority to regulate and control fairground use. While the sale and consumption of intoxicating liquors are generally prohibited on public property, the prohibition does not extend to cereal malt beverages. Therefore, as long as the statutory and regulatory requirements are met, the board may authorize Sunday sales of cereal malt beverages on the fairgrounds. Cited herein: K.S.A. 2-139; 2-202, as amended by 1987 Senate Bill No. 3, Sec. 7; 2-205, as amended by 1987 Senate Bill No. 3, Sec. 10; 41-102(b), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 54; 41-2704(a), as amended by 1987 House Substitute for Substitute for Senate Bill No. 141, Sec. 4; 74-520, as amended by 1987 Senate Bill No. 3, Sec. 3; 74-521, as amended by 1987 Senate Bill No. 3, Sec. 20; 75-6101, 75-6102(d); 75-6104, amended by 1987 House Bill No. 2023, Sec. 3; 75-6105(c); 75-6109; 1987 House Bill No. 2615, Sec. 4(b)(2).
Book Synopsis Attorney General Opinion No. 1987-050 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-050 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1986 Supp. 89-9-411 restricts the disclosure of Uniform Commercial Code (U.C.C.) filing information under the Kansas Open Records Act. (K.S.A. 45-216 e̲t̲ s̲e̲q̲.) Accordingly, the Secretary of state may provide a business access to filings under article 9 of chapter 84 of the Kansas Statutes Annotated only if the business can demonstrate that its interest in obtaining said information is "related exclusively" to one of the transactions specifically enumerated in K.S.A. 84-9-102. Cited herein: K.S.A. 45-216; 45-217; 45-221; 84-9-102; 84-9-104; K.S.A. 1986 Supp. 84-9-411.
Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-034 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
Book Synopsis Attorney General Opinion No. 1987-104 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-104 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.
Book Synopsis Attorney General Opinion No. 1987-083 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-083 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.
