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Attorney General Opinion No 1996 011
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Book Synopsis Attorney General Opinion No. 1996-011 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-011 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Richmond-Berea cemetery association is a cemetery district organized pursuant to K.S.A. 17-1330 et seq. and, therefore, is a governmental entity for purposes of the Kansas tort claims act. Cited herein: K.S.A. 17-1330; 17-1331; 17-1332; 17-1366; 17-1367; K.S.A. 1995 Supp. 75-6102; 75-6104.
Book Synopsis Attorney General Opinion No. 1996-058 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-058 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
Book Synopsis Attorney General Opinion No. 1996-025 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-025 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
Book Synopsis Attorney General Opinion No. 1996-001 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-001 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Book Synopsis Opinions of the Attorney General of California by : California. Office of the Attorney General
Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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. 1996-030 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Book Synopsis Attorney General Opinion No. 1996-041 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-041 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-consumable, non-inventory items such as beds, sheets and forks necessary to conduct an income producing venture should be valued and taxed as commercial and industrial machinery and equipment as long as used for that purpose. Cited herein: K.S.A. 1995 Supp. 79-201; 79-201m; 79-201w; 79-1439; K.S.A. 84-9-109; Kan. const., art. 11, section 1.
Book Synopsis Attorney General Opinion No. 1996-015 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-015 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The plan of finance proposed in 1996 senate bill no. 552 in conjunction with K.S.A. 76-6b01 and 76-6b02 would not create a debt within the meaning of article 11, section 6 of the Kansas constitution. While this precise issue has not previously been addressed by the Kansas Supreme Court, principles set forth in earlier cases indicate that unless the state obligates itself to a faith and credit pledge and levies a property tax in support thereof, no constitutional violation exists. Cited herein: Kan. const., art. 11, sec. 6; K.S.A. 76-6b01; 76-6b02; 1996 senate bill no. 552.
Book Synopsis Attorney General Opinion No. 1996-036 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-036 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
Book Synopsis Attorney General Opinion by : Phill Kline
Download or read book Attorney General Opinion written by Phill Kline and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative agencies, such as the Governmental Ethics Commission, may be legally authorized to impose civil fines by two separate statutory provisions that could apply to the same behavior or conduct. Unless otherwise provided or in direct conflict with one another, the two penalty provisions should be read together, and may be used cumulatively or in the alternative. A single occurrence or set of facts may give rise to more than one civil fine being imposed if the circumstances warrant. Cited herein: K.S.A. 25-4119a; 25-4144; 25-4152; 25-4181; 25-4245; and 25-4248.
Book Synopsis Opinions of the Attorney General and Report to the Governor of Virginia by : Virginia. Office of the Attorney General
Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Attorney General Opinion No. 1993-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-011 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: Pursuant to the Kansas sentencing code neither court services officers nor community corrections officers have authority to unilaterally restrict the liberty of clients under their supervision. A statute which would purport to grant such authority to court services officers or community corrections officers without the benefit of a hearing would violate due process rights guaranteed under the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 21-4602; 21-4603; 21-4610.
Book Synopsis Attorney General Opinion No. 1997-097 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-097 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1996 Supp. 79-1439c does not impose a use requirement for classification of property as commercial and industrial machinery and equipment, but merely clarifies that portion of Article 11, Section 1(a), Class 2(5) which specifies how such property is to be valued and assessed when it has depreciated below 20 per cent of its retail cost when new. Thus, commercial and industrial equipment that otherwise meets the criteria for classification as such does not become "other" property to be valued at fair market and assessed at a different rate merely because it is not yet in operation. Cited herein: K.S.A. 1996 Supp. 79-1439c; Kan. Const., Art. 11, section 1.
Book Synopsis Attorney General Opinion No. 1996-056 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-056 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The governor and the secretary of state acting in concert have the power and authority to delay the deadline for filing nomination petitions and declarations of intention to become a candidate for purposes of filling a vacancy occurring in the United States senate when notice of the vacancy is given with sufficient time to prepare for utilization of the primary procedure, but the effective date of the resignation creating the vacancy falls after the filing deadline prescribed by statute. Cited herein: K.S.A. 25-202; 25-204; 25-205; 25-220, repealed L. 1972, ch. 131, section 11; 25-318; 25-3905; 25-3906; U.S. const., amend XVII.
Book Synopsis Attorney General Opinion No. 1996-023 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-023 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county appraiser is not statutorily precluded from owning an appraisal company that does appraisals in the county served by the appraiser as long as the appraiser, in counties having a population of more than 20,000 and in counties that by resolution have provided for full-time appointment, is able to devote full time to the duties of the office of county appraiser, observes any licensing or certification requirements, files the appropriate disclosure statements and does not participate in the making of contracts with an entity in which he or she holds a substantial interest as defined by K.S.A. 1995 Supp. 75-4301a. Cited herein: K.S.A. 19-430; K.S.A. 22a-106; 58-4101; 58-4118; K.S.A. 1995 Supp. 75-4302a; K.A.R. 117-11.
Book Synopsis Attorney General Opinion No. 1996-057 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-057 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 64-101 sets forth criteria for newspapers in which legal notices, advertisements, and publications required by state law may be published. Subsection (a)(2) of K.S.A. 64-101 provides that eligible newspapers be entered at the post office of publication as second class mail matter. Newspapers which, after July 1, 1996, are entered at the post office as periodicals meet the standards required by the legislature when it enacted the provision. Therefore, newspapers entered at the post office as periodicals are deemed to comply with subsection (a)(2) of K.S.A. 64-101. Cited herein: K.S.A. 12-1651; 64-101; L. 1935, ch. 236, section 1; 39 C.F.R. section 30011.68.
