Attorney General Opinion No 1991 138

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Attorney General Opinion No. 1991-138

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Attorney General Opinion No. 1991-138 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-138 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: Records in the possession of the legislative division of post audit fit the definition of public records set forth at K.S.A. 45-217(f). Such records are therefore subject to the Kansas open records act (KORA) set forth at K.S.A. 45-215 e̲t̲ s̲e̲q̲. However, such records may be closed if the records are subject to a duty of confidentiality imposed by law or if discretionary closure is permitted pursuant to K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12. It is our opinion that K.S.A. 1990 Supp. 45-221(a)(20), as amended, permits discretionary closure of audit working papers prior to release of the audit report, as such papers represent research data in the process of analysis. However, upon the release of the audit the data is no longer being analyzed. Thus, post audit must at that point provide requested access to records which are not otherwise permissibly or mandatorily closed by law. Cited herein: K.S.A. 45-215; 45-217; 45-218; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1114.

Attorney General Opinion No. 1985-138

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (854 download)

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Book Synopsis Attorney General Opinion No. 1985-138 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-138 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: Larned State Hospital employees, who are indirectly appointed by and are under the control of the Secretary of Social and Rehabilitation Services, are considered to be employees of the Department of Social and Rehabilitation Services. Such employees are therefore subject to the provisions of K.S.A. 1984 Supp. 38-1523(c), which requires that suspected child abuse or neglect by persons employed by the Department of Social and Rehabilitation Services be investigated by the appropriate law enforcement agency rather than the department. Cited herein: K.S.A. 1984 Supp. 38-1523; K.S.A. 75-7308b; 76-12a01; 76-12a02; 76-12a05.

Attorney General Opinion No. 1992-138

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1992-138 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-138 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: Upon receipt of notice of a death from other than natural causes, a coroner is required to take charge of a dead body within a period of time which is reasonable under the circumstances. The type of notice and the time frame for notifying the coroner should also be reasonable under the circumstances. Since a search warrant may be the preferable course of action in some situations, coroners are counseled to seek the advice of the district or county attorney in specific cases. Cited herein: K.S.A. 22a-231, as amended by L. 1992, ch. 312, section 35; K.S.A. 1991 Supp. 22a-232.

Attorney General Opinion No. 1991-140

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Attorney General Opinion No. 1991-140 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-140 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: Upon recording of the viewers' report, survey and plat, a county road is regarded as established. By contrast, such a road is considered opened when the way is unenclosed and unobstructed; when it is minimally traveled; or when it is available or put in condition for public use. The 1879 non-user statute may have applicability to an established road which was not opened prior to the repeal of that statute. Mandamus does not lie to control a township board's exercise of discretion to open or to maintain a road in the absence of obstruction of duty, fraud, bad faith or gross impropriety. Neither the doctrine of abandonment nor of adverse possession generally has applicability to property established for use as a public road. The board of county commissioners are empowered to vacate any county or township road within their county by following statutory procedure. Cited herein: K.S.A. 68-102; 68-102a; 68-106; 68-115; 68-117; 68-124; K.S.A. 1990 Supp. 68-506; K.S.A. 68-518c; 68-526; 68-527; 68-527a; 68-530; 68-701; L. 1874, ch. 108, section 6; L. 1879, ch. 150, section 1.

Attorney General Opinion No. 1986-138

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

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Book Synopsis Attorney General Opinion No. 1986-138 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-138 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: Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.

Attorney General Opinion No. 1991-041

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1991-041 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-041 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: K.A.R. 74-5-103 prohibits certified public accountants (CPAs) from paying a commission to obtain a client and from accepting a commission for referring a client to products or services of others. The regulation promulgated pursuant to state authorization is immune from antitrust law challenge under the state action doctrine. Cited herein: K.S.A. 1990 Supp. 1-202.

Attorney General Opinion No. 1991-130

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Attorney General Opinion No. 1991-130 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-130 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: Kansas law does not currently prohibit licensed physicians from performing abortions and, under current court decisions, the state may not prohibit abortions at any stage when the woman's life or health is at risk. The state may suggest guidelines for determining, after viability, when the woman's health is at risk, but the decision in a particular case must be left to the woman's physician. The physician's decision would be reviewable by the courts. Cited herein: K.S.A. 21-3407, 65-443; 65-444; 65-445; K.S.A. 1990 Supp. 65-2837, as amended by L. 1991, ch. 192, section 3.

Attorney General Opinion No. 1991-049

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1991-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-049 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: The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.

Attorney General Opinion No. 1991-088

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1991-088 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-088 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: Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.

Attorney General Opinion No. 1991-115

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1991-115 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-115 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: K.S.A. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA. Cited herein: K.S.A. 1990 Supp. 74-4925, as amended by L. 1991, ch. 237, section 2; K.S.A. 76-746; K.A.R. 88-12-1; 29 U.S.C. sections 621, 623; 29 C.F.R. section 1625.10.

Attorney General Opinion No. 1991-001

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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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.

Attorney General Opinion No. 1991-024

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1991-024 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-024 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: Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.

Attorney General Opinion No. 1993-005

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1993-005 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-005 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Attorney General Opinion No. 1991-043

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1991-043 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-043 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: An unemancipated, im̲m̲a̲t̲u̲r̲e̲ minor is not considered legally capable of understanding the nature and consequences of medical or surgical treatment or procedures and therefore is not legally capable of providing an informed consent to any medical or surgical services. Cited herein: K.S.A. 38-123; 38-123a; 38-123b; K.S.A. 1990 Supp. 65-2891; K.S.A. 65-2892; 65-2892a.

Attorney General Opinion No. 1991-031

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1991-031 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-031 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: K.S.A. 75-4318 permits a city's grievance committee to deliberate on the disposition of an individual employee's grievance matter outside of an open meeting because such a grievance committee, while otherwise subject to the KOMA, is acting in a quasi-judicial manner within the scope of authority of that committee. Prior to such deliberations, K.S.A. 75-4319 permits the grievance committee to recess from an open meeting into a closed or executive session for the purpose of discussing personnel matters of non-elected personnel, and thus, employment related grievances of individual employees of the city may discretionarily be discussed in a properly recessed executive or closed session. Individuals who aid the committee in such a discussion may be discretionarily permitted into such a closed or executive session. However, binding decisions by the committee must be made in an open meeting. Cited herein: K.S.A. 13-527; 13-2101; 75-4317; 75-4317a; 75-4318; 75-4319; Kan. Const., Art. 5, section 12.

Attorney General Opinion No. 1991-091

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1991-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-091 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 city has no authority to prevent licensure under the drinking establishment act, unless the applicant's premises is located in an area not zoned for such purposes. Pursuant to K.S.A. 41-301, the director of alcoholic beverage control may not issue a retailer's license for a premises located in a city or township which has elected to prohibit packaged sales. Cited herein: K.S.A. 1990 Supp. 19-101a; K.S.A. 41-301; 41-302; K.S.A. 1990 Supp. 41-2605; 41-2606; 41-2608; 41-2609; 41-2611, as amended by L. 1991, ch. 148, section 1; 41-2620; 41-2622; 41-2631; 41-2646; Kan. Const., Art. 12, section 5; Art. 15, section 10.

Attorney General Opinion No. 1991-015

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1991-015 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-015 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: As stated in Attorney General Opinion No. 79-108, no statute or common law doctrine exists which would preclude an individual employed by a unified school district as a teacher, substitute teacher, custodian, school bus driver, counselor, or referee of an athletic event from serving as a member of the board of education of the unified school district which employs the individual. Such individuals are permitted to vote on their contracts as a school board does not constitute a business or person under K.S.A. 1990 Supp. 75-4301a e̲t̲ s̲e̲q̲. K.S.A. 72-8202e prohibits an individual from receiving compensation for work or duties performed as a member of the board of education. The individual, however, may receive compensation for services performed as an employee of the unified school district. Cited herein: K.S.A. 72-7901; 72-8009; 72-8202e; K.S.A. 1990 Supp. 75-4301a; 75-4303a; 75-4304.