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Attorney General Opinion No 1989 001
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Book Synopsis Attorney General Opinion No. 1989-001 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-001 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: L. 1988, ch. 29, sec. 8 does not apply to the purchase of an office building by Sedgwick county with monies received through the community corrections grant program. Cited herein: K.S.A. 75-5290; L. 1988, ch. 29, sec. 8; L. 1988, ch. 32, sec. 2; K.A.R. 44-11-123.
Book Synopsis Attorney General Opinion No. 1991-001 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-001 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A petition seeking the recall of a local officer must be certified by an affidavit by the sponsor who personally circulated the petition. The oath or affirmation required for an affidavit may be administered by a notary public. The fact that an oath or affirmation has been administered may be proved by presence of a valid jurat or by evidence a̲l̲i̲u̲n̲d̲e̲ presented at the time the petition is filed with the county election officer. The jurat must be in one of the forms set forth in K.S.A. 1989 Supp. 53-508 and must include the date of the notarial act. If the jurat fails to meet either of these requirements, the jurat is invalid and the petition will lack the required affidavit. A petition seeking the recall of a local officer which lacks the affidavit by the sponsor who personally circulated the petition will be deemed insufficient. Cited herein: Kan. Const., art. 4, § 3; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602, as amended by L. 1990, ch. 129, § 2; K.S.A. 25-4301; 25-4304; 25-4318; K.S.A. 1989 Supp. 25-4325; K.S.A. 25-4326; 25-4331; K.S.A. 1989 Supp. 53-502; 53-504; 53-508.
Book Synopsis Attorney General Opinion No. 1989-089 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-089 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: In that K.S.A. 1988 Supp. 41-714 is penal in nature, its provisions must be strictly construed in favor of the individuals and entities subject to its restrictions. Thus, in our opinion subsection (d) of this statute should be interpreted to authorize outdoor advertising of the price and brand name of alcoholic liquor beginning July 1, 1989. Cited herein: K.S.A. 1988 Supp. 41-714; K.S.A. 41-902; K.A.R. 14-8-1; 14-8-2.
Book Synopsis Attorney General Opinion No. 1989-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-071 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: As 1989 Senate Bill No. 126 does not apply uniformly to all cities, it is subject to a charter ordinance adopted under article 12, section 5 of the Kansas Constitution. However, a city may not, under article 12, section 5, modify rules adopted by the Kansas Supreme Court under 1989 Senate Bill No. 126, or rules adopted pursuant to article 3, section 1 of the Kansas Constitution. The assessment prescribed by section 3 of 1989 Senate Bill No. 126 applies to all cases disposed of on or after July 1, 1989, including cases filed before July 1, 1989. The judge or clerk of the municipal court must remit all assessments r̲e̲c̲e̲i̲v̲e̲d̲ pursuant to section 3 to the state treasurer for deposit in the state treasury to the credit of the municipal judge training fund. Cited herein: K.S.A. 12-4105; 1989 Senate Bill No. 126; Kan. Const., art. 12, section 5; Kan. Const., art. 3, section 1.
Book Synopsis Attorney General Opinion No. 1989-114 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-114 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 generally an administrative agency has the power to adopt general statements of policy, it cannot do so in lieu of regulations. If the "policy" establishes a "binding norm" and operates prospectively, eliminating the use of discretion in individual cases, the "policy" must be promulgated as a regulation, with notice and comment under K.S.A. 77-401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1988 Supp. 1-202; 1-308; K.S.A. 1988 Supp. 1-311, as amended by L. 1989, ch. 1, sec. 3; K.S.A. 77-401 e̲t̲ s̲e̲q̲.; K.A.R. 74-5-403; 74-5-406.
Book Synopsis Attorney General Opinion No. 1989-144 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-144 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 provision of K.S.A. 1988 Supp. 79-1476 which requires land subject to thesubjectal conservation reserve program to be valued on the basis of the agricultural income or productivity attributable to the inherent capabilities of the land in its usage immediately prior to being subject to the program is not in violation of the uniformity in assessment requirement of article 11, section 1 of the Kansas Constitution. Cited herein: K.S.A. 1988 Supp. 79-1476; Kan. Const., Art. 11, sections 1, 12; U.S. Const., Amend. 14th.
Book Synopsis Attorney General Opinion No. 1989-118 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-118 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: Certificates of value are public records which may be disclosed only as authorized by K.S.A. 58-2223b, as amended by L. 1989, ch. 164, section 1. Property owners appealing a valuation pursuant to K.S.A. 79-1448 may obtain certificates of value from any county concerning the same class of property as that which is the subject of the appeal. Such certificates are available to property owners only during the appeal period. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1988 Supp. 45-221, as amended by L. 1989, ch. 154, section 1; K.S.A. 58-2223a; K.S.A. 58-2223b, as amended by L. 1989, ch. 164, section 1.
Book Synopsis Attorney General Opinion No. 1989-109 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-109 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: In our opinion, a multi-year investment of idle funds, under conditions enumerated herein, is permissible under the provisions of K.S.A. 1988 Supp. 12-1675, as amended by L. 1989, ch. 48, section 66. Cited herein: K.S.A. 10-1113; K.S.A. 1988 Supp. 12-1675; 12-1676; K.S.A. 79-2927; 79-2934; L. 1989, ch. 48, section 66; L. 1989, ch. 295, section 1.
Book Synopsis Attorney General Opinion No. 1989-008 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1989-042 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-042 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: Discussions by the governing body of a public hospital concerning records and reports mandated to be confidential under the risk management and peer review laws are not required to be discussed in an open meeting. Cited herein: K.S.A. 1988 Supp. 65-4915; 65-4922; 65-4923; 65-4925; 74-8705; 74-8804; 75-37,102; K.S.A. 75-4317; K.S.A. 1988 Supp. 75-4318; 75-4319; K.A.R. 1987 Supp. 28-52-1; 42 C.F.R. section 482.21.
Book Synopsis Attorney General Opinion No. 1989-137 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-137 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: District courts appear to have the authority to entertain a motion for new trail in a juvenile proceeding if the motion is timely filed and if double jeopardy problems would not arise. A juvenile does not, however, have a statutory or constitutional right to a new trial. Cited herein: K.S.A. 38-801 et seq., repealed L. 1982, ch. 182; 38-1601; 38-1632; 38-1653; 38-1665; 38-1681; 38-1683; 60-259; 60-2103; K.S.A. 44-556, as amended by L. 1979, ch. 158, section 1.
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. 1989-112 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-112 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: An organization which collects a periodic fee on a prepaid basis in return for a promise to provide selected dental services in the future at no charge or at a discount must conform to the requirements of the prepaid legal and dental service plans act, unless exempted by statute. Cited herein: K.S.A. 1988 Supp. 40-4201; 40-4203; 40-4207; 40-4209; 40-4211, as amended by L. 1989, ch. 145, section 1; 1987 House Bill No. 2564.
Book Synopsis Attorney General Opinion No. 1989-064 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-064 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: Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.
Book Synopsis Attorney General Opinion No. 1989-116 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-116 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: Physicians' assistants and advanced registered nurse practitioners may not originate a prescription order, as they are not practitioners within the meaning of the pharmacy act. However, these health care providers may transmit prescription orders pursuant to written protocols. The transmitted order is a prescription order as defined by the pharmacy act. An order may be transmitted through a note written by the health care provider, and the signature of that person is neither required nor prohibited by the pharmacy act. The pharmacist may refuse to fill the prescription if, in the pharmacist's professional judgment and discretion, it is believed that the prescription should not be filled. Cited herein: K.S.A. 65-1129; 65-1130 (Ensley 1985); K.S.A. 65-1130, as amended by L. 1989, ch. 192, section 1; K.S.A. 65-1626 (Ensley 1985); K.S.A. 1988 Supp. 65-1626, as amended by L. 1989, ch. 192, section 2; K.S.A. 1988 Supp. 65-1637(a), 65-2896e; K.S.A. 65-4101; L. 1989, ch. 192, section 1; L. 1986, ch. 236, section 1; K.A.R. 60-11-104; 60-11-104a; 68-20-18; 21 C.F.R. section 1306.05.
Book Synopsis Attorney General Opinion No. 1989-074 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-074 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: Although the proposed drug bid program raises serious antitrust questions, it is our opinion that it does not represent a p̲e̲r̲ ̲s̲e̲ violation of antitrust laws. Under a rule of reason analysis the proposed bid program may survive an antitrust challenge. The proposed program should be conducted in a manner that renders the market more, rather than less, competitive and does not allow one manufacturer to unlawfully possess market power to the exclusion of its competitors. Cited herein: 15 U.S.C. section 1-27.
Book Synopsis Attorney General Opinion No. 1989-106 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-106 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: A school district is required to disclose the names and mailing or residence addresses of teachers upon request for such records by any individual. K.S.A. 1988 Supp. 45-221(4), (30), as amended, do not give the district discretion to refuse to disclose this information. Computerized public information must be provided in the form requested if the public agency has the capability of producing that form. The agency is not required to acquire or design a special program to produce information in a desired form, but has discretion to. allow an individual who requests information to design or provide a computer program to obtain the information in the desired form. Cited herein: K.S.A. 21-3914; 45-215; 45-216; 45-217; 45-220; K.S.A. 1988 Supp. 45-221, as amended by L. 1989, ch. 154, section 1.
