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Attorney General Opinion No 1989 102
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Book Synopsis Attorney General Opinion No. 1989-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-102 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: Forfeiture procedures pursuant to K.S.A. 1988 Supp. 65-4171 e̲t̲ s̲e̲q̲. are in the nature of a civil action and, therefore, if a county hires a county counselor, the county attorney no longer has the sole duty to represent the county in such an action. Cited herein: K.S.A. 19-247; 19-702; 19-703; 19-726; 22-2101; 22-2525; 60-101; K.S.A. 1988 Supp. 65-4135; 65-4136; 65-4171.
Book Synopsis Attorney General Opinion No. 1989-099 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-099 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: Where a special use permit is not required for single family dwellings of similar size, a city ordinance which requires the issuance of a special use permit as a condition precedent to locating a "group home" (as that term is defined in K.S.A. 1988 Supp. 12-736, as amended by L. 1989, ch. 58, section 1) in a residential district violates subsection (f)(1) of 42 U.S.C. section 3604, as amended by the Fair Housing Amendments Act of 1988, P.L. 100-430, 102 Stat. 1619. Accordingly, such an ordinance, and the provisions of K.S.A. 1988 Supp. 12-736(e), as amended by L. 1989, ch. 58, section 1, which authorize such municipal legislation, are invalid under 42 U.S.C. section 3615. Cited herein: K.S.A. 1988 Supp. 12-736, as amended by L. 1989, ch. 58, section 1; 42 U.S.C. sections 3604, 3615; P.L. 100-430, 102 Stat. 1619.
Book Synopsis Attorney General Opinion No. 1990-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-102 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: While a county hospital board has many powers relating to the supervision, care and custody of hospital property, it does not have the power to sell hospital property. This power is vested in the county which retains title to all hospital real property. The board of county commissioners may sell real property, essentially on behalf of the hospital, and may allow the hospital to retain the proceeds of such a sale. Cited herein: K.S.A. 19-101; K.S.A. 1989 Supp. 19-211; K.S.A. 19-212; 19-4601; 19-4610; 19-4624.
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. 1986-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-102 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: A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.
Book Synopsis Attorney General Opinion No. 1990-049 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-049 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: Malt beverages containing any measurable amount of alcohol, but not more than 3.2 percent, are cereal malt beverages and may not be sold on Sunday except as provided in K.S.A. 1989 Supp. 41-2704(b) and (g). Cited herein: K.S.A. 1989 Supp. 41-102; 41-2701; 41-2704.
Book Synopsis Attorney General Opinion No. 1989-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-126 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: Persons seeking registration as a professional counselor under the provisions of K.S.A. 1988 Supp. 65-5811(a) and (b) are not required to have acquired the practice experience subsequent in time to obtaining the graduate degree. Cited herein: K.S.A. 1988 Supp. 65-5801; K.S.A. 1988 Supp. 65-5804, as amended by L. 1989, ch. 276, section 1; K.S.A. 1988 Supp. 65-5811; K.A.R. 102-3-6.
Book Synopsis Attorney General Opinion No. 1989-032 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-032 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 the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Book Synopsis Attorney General Opinion No. 1989-133 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-133 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. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1980-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-102 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.
Book Synopsis Attorney General Opinion No. 1989-111 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-111 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: Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
Book Synopsis Attorney General Opinion No. 1990-084 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-084 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 there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Book Synopsis Attorney General Opinion No. 1989-134 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-134 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 regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.
Book Synopsis Attorney General Opinion No. 1989-038 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-038 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: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.
Book Synopsis Attorney General Opinion No. 1989-072 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-072 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: T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.
Book Synopsis Attorney General Opinion No. 1989-148 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-148 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: Because the Kansas Constitution does not define the term "merchants' and manufacturers' inventory" for purposes of the property tax exemption in article 11, section 1, it is appropriate to rely on common understanding of the terms at the time the constitutional provision was adopted, and the statutory definitions contained in K.S.A. 1988 Supp. 79-201m. The scope of these definitions does not include real estate, such as houses constructed on-site for later sale. Therefore, such property is not eligible for the merchants' and manufacturers' inventory exemption from property tax under article 11, section 1. Cited herein: K.S.A. 79-102; K.S.A. 1988 Supp. 79-201m, as amended by L. 1989, ch. 289, section 1; Kan. Const., Art. 11, section 1.
Book Synopsis Attorney General Opinion No. 1990-036 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-036 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: The Behavioral Sciences Regulatory Board may delegate to its staff the task of issuing licenses to practice social work if there is no discretion involved in completing the ministerial task. If executive/legislative discretion must be applied, such delegation is proper when attended with adequate safeguards and standards to guide the exercise of discretion. If issuing or denying a license involves the exercise of discretion as it pertains to personal fitness, the determination of fitness may be delegated provided there is an avenue for relief through an appellate process. Cited herein: K.S.A. 1989 Supp. 65-6309; 65-6311; K.S.A. 77-421; K.A.R. 102-2-7.
