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Attorney General Opinion No 1988 028
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Book Synopsis Attorney General Opinion No. 1988-028 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-028 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: K.S.A. 65-4041(A) does not require the county attorney who represented the applicant in the initial filing to continue that representation after a change of venue has been granted. However, K.S.A. 65-4041 and 65-4053 allow the district court to which venue has been changed to tax the costs of the proceeding to the county of residence. Cited herein: K.S.A. 1987 Supp. 19-702; 19-703; K.S.A. 22-2616; K.S.A. 1987 Supp. 59-2912; K.S.A. 60-609; 61-1907; 65-4031; 65-4032; 65-4034; 65-4036; 65-4041; 65-4053.
Book Synopsis Attorney General Opinion No. 1988-164 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-164 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: K.S.A. 58-3924 does not by its terms mandate the disclosure of confidential vital statistic information to the state treasurer. However, K.S.A. 1987 Supp. 65-2422(a) and (e) allow the Secretary of the Kansas Department of Health and Environment (KDHE) to promulgate regulations, containing the mandated safeguards, authorizing the transfer of such vital statistic information to the state treasurer. To date, the secretary has not adopted such a regulation. Pursuant to K.S.A. 65-2418, the legislature has provided the secretary of KDHE with the authority and discretion to charge a fee for the transfer of vital statistic information. K.A.R. 28-17-6 implements that authority and sets forth the fees for such transfers. Unless the secretary of KDHE promulgates a specific exemption or has previously interpreted K.A.R. 28-17-6 to allow fees to be waived, the state treasurer must pay the fees set forth in that regulation. Should the state treasurer obtain vital statistic information, the limitations contained in the enabling authority protect the information from all uses not connected with the purposes for which it was obtained. Cited herein: K.S.A. 58-3901; 58-3920; 58-3921, as amended by L. 1988, ch. 356, section 179; K.S.A. 1987 Supp. 58-3922; K.S.A. 58-3924; 65-2401; 65-2418; K.S.A. 1987 Supp. 65-2422; K.S.A. 75-3701; K.A.R. 28-17-6; 28-17-7.
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. 1988-050 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-050 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: K.S.A. 28-175 and K.S.A. 19-705 prohibit additional compensation or fees for performance of duties connected with the office of county attorney beyond what is specifically allowed by law. Case law uniformly allows additional compensation to be paid when a county attorney performs legal services outside the county's jurisdiction. While K.S.A. 22-2616(4) requires a county attorney to remain responsible for prosecution of cases transferred to another venue pursuant to that statute, it does not prohibit compensation or evidence legislative intent to abolish this case law. It is therefore our opinion that the county attorney may properly receive additional compensation for services rendered in another county pursuant to K.S.A. 22-2616(4). Cited herein: K.S.A. 2-1208a; 8-605; 9-2014; 17-1267; 19-701; K.S.A. 1987 Cupp. 19-702; 19-703; K.S.A. 19-705; 19-723; 22-2616(4); 22-3902; 22a-107; 28-175; 65-4036.
Book Synopsis Attorney General Opinion No. 1992-028 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-028 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If a public record is not closed or its use limited, a public agency may only require a written request, advance payment of prescribed fees and proof of the requestor's identity prior to granting access to or copies of such open public records. A public agency may adopt procedures designed to safeguard public records and minimize disruption of public business and may supply a form for requesting records as a means of facilitating the process. However, the agency may not require that a written request for an open public record be made in a certain form prior to granting access to or copies of such records. However, if the requested record's use is limited pursuant to K.S.A. 21-3914 or K.S.A. 1991 Supp. 45-221, a public agency may also require a notarized statement attesting to the matters set forth in K.S.A. 45-220(c)(1) or (2). Cited herein: K.S.A. 21-3914; 45-215; 45-217; 45-219; 45-220; K.S.A. 1991 Supp. 45-221; K.S.A. 53-101.
Book Synopsis Attorney General Opinion No. 1978-028 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-028 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.
Book Synopsis Attorney General Opinion No. 1982-028 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-028 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: The Crime Victims Reparations Board is required to record proceedings in the event of a disputed claim, and such record of proceedings is available for inspection upon the request of any citizen. However, unless information retained by the Board regarding a claimant is included in such a record of proceedings, the Board is not required to make such information available for public inspection. Cited herein: K.S.A. 74-7307, K.S.A. 1980 Supp. 45-201.
Book Synopsis Attorney General Opinion No. 1990-028 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-028 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 a filing otherwise complies with the requirements of K.S.A. 61-2701 e̲t̲ s̲e̲q̲., the board of county commissioners may authorize representation of the county in small claims proceedings by a full-time salaried employee other than the county attorney. Cited herein: K.S.A. 19-101; 19-212; 19-701; 61-2701; K.S.A. 1989 Supp. 61-2703; 61-2704; 61-2707; K.S.A. 77-201.
Book Synopsis Attorney General Opinion No. 1984-028 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1984-028 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: The legislature may, even in the absence of any finding of imprudence, mismanagement, or lack of efficiency, permit the State Corporation Commission to phase-in the reasonable value of public utility property, where said property is found to represent excess capacity. Further, carrying and finance costs associated with public utility property representing excess capacity may be excluded from the rate base, without regard to any determination of whether the decision to construct the property was prudent. Cited herein: K.S.A. 66-128, 1984 House Bill No. 2927.
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. 1985-028 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-028 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The amendment of K.S.A. 12-1741b (by 1985 House Bill No. 2383) to create an exception relating to cities in Wyandotte County would result in that statute becoming part of an enactment which is nonuniform in application to cities, and therefore subject to charter ordinance adopted pursuant to Article 12, section 5 of the Kansas Constitution. However, other statutes within K.S.A. 12-1740 to 12-1749a (excluding K.S.A. 12-1741b) are parts of enactments which are uniformly applicable to all cities, and the uniformity of those acts would not be effected by the enactment of 1985 House Bill No. 2383. Cited herein: K.S.A. 12-1740, 12-1741b, 12-1749a; 1985 House Bill No. 2383; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1989-101 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-101 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: Registers of deeds are generally empowered to charge the fees authorized by K.S.A. 1988 Supp. 28-115 to any entity for which the listed services are provided. The county and other governmental entities are not exempt from such fees except where specifically provided by the statute. Cited herein: K.S.A. 1988 Supp. 28-103; K.S.A. 28-104; K.S.A. 1988 Supp. 28-115.
Book Synopsis Attorney General Opinion No. 1990-007 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-007 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. 19-705, 28-175 and general definitions of the term "costs" preclude the district or county attorney from retaining a portion of the sale proceeds as a fee for services rendered pursuant to K.S.A. 65-4173. Cited herein: K.S.A. 19-701; 19-705; 28-175; K.S.A. 1988 Supp. 65-4135; 65-4156; 65-4171; 65-4173.
Book Synopsis Attorney General Opinion No. 1988-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.
Book Synopsis Attorney General Opinion No. 1988-080 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-080 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: Pursuant to K.A.R. 28-29-1, Harvey county may not enact an ordinance that impedes the interstate or intrastate transportation or disposal of solid waste collected in Harvey county by requiring that all such solid waste remain in Harvey county. Because disposal of solid waste is affected with a public interest, Harvey county may, where not otherwise precluded, establish a reasonable and nondiscriminatory rate schedule for services connected with such disposal if the schedule bears a rational relation to that public interest. Cited herein: K.S.A. 19-101; K.S.A. 1987 Supp. 19-101a; 65-3401; 65-3405(c)(2); K.A.R. 28-29-1.
Book Synopsis Attorney General Opinion No. 1988-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-024 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 issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.
Book Synopsis Attorney General Opinion No. 1988-085 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-085 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: 42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.
