Attorney General Opinion No. 1994-007

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Book Synopsis Attorney General Opinion No. 1994-007 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-007 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas open records act (KORA) declares that public records are generally open to the public unless mandatorily or permissibly closed by law. A diversion agreement entered into by the city prosecutor and a first-time DUI offender is a public record for purposes of the KORA. There is no express language in the municipal diversion statutes to make the terms of diversion agreements confidential. Further, there is no exception applicable to DUI diversion agreements under K.S.A. 1992 Supp. 45-221. The DUI diversion agreements are not criminal history record information, which generally is closed to the public, according to the definition in K.S.A. 1992 Supp. 22-4701. Therefore, DUI diversion agreements maintained by public agencies are public records which must be disclosed upon request. Cited herein: K.S.A. 8-1567, as amended by L. 1992, ch. 298 sec. 1 and as amended by L. 1993, ch. 259, sec. 8; K.S.A. 12-4413; 12-4415; 12-4416; 12-4418; K.S.A. 1992 Supp. 22-4701; 22-2911, as amended by L. 1993, ch. 166, sec. 3; 45-217; 45-221; K.S.A. 65-2422; 74-2012.

Attorney General Opinion No. 1995-007

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Book Synopsis Attorney General Opinion No. 1995-007 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1995-007 written by Robert T. Stephan and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 80-2508(b) does not permit changing the method of selection of hospital district board members to reduce the terms of office from four years to three. Cited herein: K.S.A. 80-2508; L. 1994, ch. 397, section 2.

Attorney General Opinion No. 1978-007

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Book Synopsis Attorney General Opinion No. 1978-007 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-007 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: A member of a community junior college board of trustees who abstains from voting upon a particular question shall be deemed to acquiesce in the will of the majority of members voting upon that question.

Attorney General Opinion No. 1994-025

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Book Synopsis Attorney General Opinion No. 1994-025 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-025 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: District court rule 3.324 does not sanction the practice of nonjudicial officers admitting persons in custody to bail. Rather, the court has determined bond amounts and types of bonds for certain crimes and the nonjudicial officers are charged merely with executing the court's mandate. K.S.A. 22-2814 et seq. do not authorize the practice of allowing a defendant to post 10% of the bond amount with the clerk of the district court. Furthermore, it is not permissible for a court to retain any portion of a cash deposit for the purpose of bond, however, the "fee" which the third judicial district is currently collecting from the defendants is not a "fine, penalty, or forfeiture" pursuant to K.S.A. 1993 Supp. 20-350 and, therefore, does not have to be turned over to the state treasurer. K.S.A. 22-2809 requires that a court release a surety on the bond if the latter surrenders the defendant and requests discharge from the obligation. Consequently, a court may not impose a condition in the bond obligation which requires that a surety remain liable on the bond until the criminal proceeding is over. Paragraph 15 of the district court rule requires that the court's order reflect the type of bond procedure that the defendant is using. Cited herein: K.S.A. 1993 Supp. 20-350; 22-2802; K.S.A. 22-2809; 22-2814; Kan. Const., art. 2, sec. 16.

Attorney General Opinion No. 1985-007

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Book Synopsis Attorney General Opinion No. 1985-007 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-007 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: K.S.A. 1984 Supp 8-1341a provides that speeding convictions for traveling not more than 10 miles per hour in excess of the 55 miles per hour speed limit shall not be part of the public record and shall not be considered by any insurance company in establishing rates for an automobile liability insurance policy or cancelling such coverage. However, the statute does not have the effect of closing any other records concerning arrests, issuance of citations or judicial proceedings. While K.S.A. 1984 Supp. 74-2012(b)(1) and (2) permit the release of information by the division of vehicles or a law enforcement agency to insurers who are processing applications for, or renewing or cancelling, motor vehicle liability insurance policies, such a release involves only information in the public record. As information concerning the convictions specified in K.S.A. 1984 Supp. 8-1341a is not part of the public record, it is not subject to being released under the provisions of K.S.A. 1984 Supp. 74-2012. Cited herein: K.S.A. 8-1001, K.S.A. 1984 Supp. 8-1341a, 21-3914, 45-217, 45-221, 74-2012.

Attorney General Opinion No. 1994-047

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Book Synopsis Attorney General Opinion No. 1994-047 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-047 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.

Attorney General Opinion No. 1994-117

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Book Synopsis Attorney General Opinion No. 1994-117 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-117 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.

Attorney General Opinion No. 1994-009

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Book Synopsis Attorney General Opinion No. 1994-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-009 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.

Attorney General Opinion No. 1994-124

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Book Synopsis Attorney General Opinion No. 1994-124 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-124 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A proposed ordinance which would preclude the governing body from using certain property for any use except use as a burial ground is administrative in nature and, therefore, cannot be the subject of initiative. Furthermore, if the land has been set aside for use as a cemetery or burial ground but has not yet been used for the interment of human bodies, K.S.A. 12-1441 cannot be applied to prevent the governing body from using the property for a use other than as a burial ground or a cemetery. We express no opinion as to whether the bond issue or other legal provisions may preclude use of the property for other than cemetery purpose. Cited herein: K.S.A. 12-1441; 12-3013; 14-1007a; 14-1007b.

Attorney General Opinion No. 1994-166

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Book Synopsis Attorney General Opinion No. 1994-166 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-166 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, the witness may choose which subpoena to honor. There is no established priority between subpoenas that would give one preference over the other based either on jurisdiction or the time or method of service. Cited herein: K.S.A. 1993 Supp. 60-245; K.S.A. 22-3214; Fed. R. Civ. P. 45; Fed. R. Crim. P. 17.

Attorney General Opinion No. 1994-078

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Book Synopsis Attorney General Opinion No. 1994-078 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-078 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.

Attorney General Opinion No. 1982-007

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Book Synopsis Attorney General Opinion No. 1982-007 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-007 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 requirement of K.S.A. 79-501, that the appraisal of real property be based upon an actual view and inspection of the property, carries with it the implied authority for the appraiser to enter upon real property to perform these functions, without such action constituting a trespass. Due to such implied authority, the prior permission of the taxpayer to enter upon the real property, for the limited purposes of viewing and inspecting the same, is not required. If, however, the appraiser's entry upon real property is opposed by a taxpayer, the appraiser's paramount duty is to preserve the public peace. In such situations, the appraiser may proceed, through legal channels, to assure fulfillment of the legal duty to appraise the real property by an actual view and inspection thereof. Cited herein: K.S.A. 79-501.

Attorney General Opinion No. 1994-101

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Book Synopsis Attorney General Opinion No. 1994-101 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-101 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters approved a tax increase for the purpose of financing the integration. Cited herein: K.S.A. 10-1116.

Attorney General Opinion No. 1999-041

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Book Synopsis Attorney General Opinion No. 1999-041 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1999-041 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the circumstances discussed herein, the sale of impression materials for teeth whitening does not constitute the practice of dentistry as defined by K.S.A. 65-1422, nor does it violate K.S.A. 65-1438 because the legislative purpose is not served by a literal interpretation of these statutes. Cited herein: K.S.A. 65-1422; K.S.A. 1998 Supp. 65-1423; K.S.A. 65-1438.

Attorney General Opinion No. 1994-089

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Book Synopsis Attorney General Opinion No. 1994-089 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-089 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The amnesty provisions of 1994 senate bill no. 459 do not violate the uniform and equal provisions of article 11, section 1 of the Kansas constitution, nor does the bill violate article 2, sections 16 and 17 or section 1 of the Kansas bill of rights. Cited herein: Kan. Const., art. 2, secs. 16, 17, art. 11, sec. 1, bill of rights, sec. 1; 1994 S.B. 459.

Attorney General Opinion No. 1994-098

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Book Synopsis Attorney General Opinion No. 1994-098 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-098 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.

Attorney General Opinion No. 1994-076

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Book Synopsis Attorney General Opinion No. 1994-076 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-076 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority to prescribe specific conditions in a rate order such as the conditions found in 1994 House Bill No. 3039. Cited herein: K.S.A. 66-101b; 66-104; 66-128b; 66-1,189; 66-1,191; 66-1,192, as amended by L. 1994, H.B. No. 2665; 66-1,194; 1994 H.B. No. 3039; Kan. Const., art. 2, sec. 1; U.S. Const., amend. IV.