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Attorney General Opinion No 1999 039
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Book Synopsis Attorney General Opinion No. 1999-039 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-039 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: If a resolution changing the method of selection of members of a board of trustees of a hospital district established pursuant to K.S.A. 80-2501 et seq. from the methods set forth in subsection (a)(1) or (a)(2) of K.S.A. 80-2508 to election pursuant to subsection (a)(3) or (a)(4) of K.S.A. 80-2508 fails to clearly establish whether the term of office for the elected trustees is to be three years or four years, the elected trustees are deemed to serve terms of three years. Exercising authority conferred under K.S.A. 80-2508, the members of the board may then by majority vote change the term of office to four years. Cited herein: K.S.A. 80-2501; 80-2504; 80-2506; 80-2508.
Book Synopsis Attorney General Opinion No. 1999-052 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-052 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: If a vacancy in member position 6 of the State Board of Education exists, the procedure for filling the vacancy is set forth in K.S.A. 1999 Supp. 25-3902a. Board member position 6 is subject to election during the general election conducted November 7, 2000, regardless whether a person has recently been appointed to fill a vacancy in that board member position. Cited herein: K.S.A. 1999 Supp. 4-509; 4-4,224; 4-4,225; 4-4,227; 4-4,239; 12-1926; K.S.A. 19-203; 19-303; 19-504; 19-715; 19-804; 19-1203; 19-3419; 19-4404; 22a-103; 25-312a; 25-321; 25-1906; 25-2022; K.S.A. 1999 Supp. 25-3902a; K.S.A. 25-3903; 47-2002; K.S.A. 1999 Supp. 47-2302; K.S.A. 72-7503; 72-7504; K.S.A. 1999 Supp. 74-4905; Kan. Const., Art. 6, section 3.
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. 1999-048 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-048 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: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.
Book Synopsis Attorney General Opinion No. 1983-039 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-039 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of statutes which provide that persons who have attained a prescribed age can give informed consent to receive medical treatment under certain circumstances, or which expressly relieve a physician or other health care provider from civil liability for competently furnishing certain medical services to minors, does not preclude the possibility that a particular minor may be capable of giving informed consent to receive other medical services or contraceptives. However, absent a statute which prescribes that all persons of a prescribed age can give informed consent to receive contraceptives or medical treatment, or which expressly relieves a physician or other health care provider from liability for providing contraceptives or medical treatment to persons less than the statutorily-prescribed age of majority, it would be a question of fact for the trier of facts to determine whether informed consent could be given by a particular person and whether such consent indeed had been given. Cited herein: K.S.A. 38-101, 38-123b, 65-2891, 65-2892, 65-2892a.
Book Synopsis Attorney General Opinion No. 1997-039 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-039 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: 1997 Senate Bill No. 140, Sections 4 and 73 (access to records held by third parties) and Section 6 (social security numbers required on certain license applications) do not violate Section 15 of the Kansas Bill of Rights. Sections 8 through 24 (administrative procedures) allow the Secretary of the Kansas Department of Social and Rehabilitation Services (SRS) to obtain access to information, subpoena records, order genetic tests and enforce support duties by income withholding and administrative levy. There may be Section 15 issues regarding the manner employed by SRS in conducting investigations and gathering evidence, but the resolution of those issues will be factual in nature. Consequently, we decline to opine whether Sections 8 through 24 violate Section 15 of the Kansas Bill of Rights. Section 34 (liens on personal property) creates a preexisting right to certain personal property of a parent who is in arrears on a child support obligation and the due process procedural protections that are afforded to such parent comport with the Fourteenth Amendment to the United States Constitution. Unlike the procedural protections afforded by section 34,section 76 (liens on real property) contains no provisions for notice and an opportunity to contest the lien. Consequently, to the extent adequate due process proceedings are not available in the state of origin, that portion of Section 76 which allows a lien from another state to become a lien on real property in this state violates the Fourteenth Amendment. Sections 4 and 73 (access to records held by third parties) do not violate a right of privacy because the information at issue here serves a legitimate state interest in locating parents who owe child support and the assets of those parents. Such information is regarded as confidential and a person who discloses the information to unauthorized individuals is subject to criminal penalties. Moreover, section 6 (social security numbers required on certain license applications) does not violate a right of privacy because disclosure is required by federal law. Whether a right of privacy is violated by Sections 8 through 24 (administrative procedures) will depend upon whether there is a violation of one of the provisions of the United States Constitution which forms the basis for a right of privacy. Liens on personal and real property do not generally raise issues concerning privacy rights and are better analyzed under the Fourteenth Amendment. Sections 8 through 24 (administrative procedures) do not violate the separation of powers doctrine nor does section 10(e) [Secretary of Department of Social and Rehabilitation Services (SRS) authorized to designate SRS employees and independent contractors to exercise the powers of the Secretary in certain cases] violate Article 2, Section 1 of the Kansas Constitution which prohibits delegation of legislative authority to private individuals. Finally, Section 12 of the Kansas Bill of Rights which prohibits forfeiture of estate upon conviction does not appear to be implicated in 1997 Senate Bill No. 140. Cited herein: K.S.A. 1996 Supp. 20-1204a; K.S.A. 23-492; 23-496; 23-4,105; 23-4,117; 23-4,145; 23-4,147; K.S.A. 1996 Supp. 38-1115; 38-1118; 39-709; K.S.A. 39-753; K.S.A. 1996 Supp. 39-755; K.S.A. 39-758; 39-759; 60-2202; K.S.A. 1996 Supp. 60-1610; 60-2202; 74-146; K.S.A. 77-501; 77-601; 77-624; Kan. Const., Art. 3, section 1; Art. 2, section 1; Kan. Bill of Rights, sections 12, 15; U.S. Const., amend. IV, V, XIV; 5 U.S.C. section 552a; 42 U.S.C. section 666.
Book Synopsis Attorney General Opinion No. 1998-039 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-039 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A regional library created pursuant to K.S.A. 12-1231 et seq. is a taxing subdivision for purposes of exempting itself from the tax lid law pursuant to K.S.A. 79-5036(c) and a political subdivision for purposes of having an employee benefits contribution fund established for it pursuant to K.S.A. 12-16,102. Cited herein: K.S.A. 12-1231; 12-1232; 12-1233; 12-1234; 12-16,102; 79-5021; 79-5036.
Book Synopsis Attorney General Opinion No. 1999-032 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-032 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: The grounds in the petition seeking the recall of the Greenwood County Commissioner are set forth with sufficient particularity as to allow the Greenwood County Commissioner an opportunity to prepare a statement in justification of his conduct in office. The veracity of the allegations contained in the recall petition is to be determined by the electorate, not the county attorney. Cited herein: K.S.A. 25-4302; 25-4320; Kan. Const., Art. 4,3.
Book Synopsis Attorney General Opinion No. 1999-025 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-025 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: Proposed 1999 Substitute for Senate Bill No. 80 would create an external review process conducted by qualified and credentialed health care providers to review an adverse decision against a consumer by an insurer under a health insurance plan. The judicial review provisions of the proposed legislation treat the insurer and the insured equally and thus do not offend the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Cited herein: U.S. Const., 14th Amend.
Book Synopsis Attorney General Opinion No. 1993-039 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-039 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: The register of deeds may file a plat only after it has been endorsed and accepted by the governing body. Under the facts presented, the governing body for the unincorporated zone which extends three miles from the Topeka city limits is the city. This is contingent upon the city and county forming a joint planning commission which must then develop subdivision regulations. These subdivision regulations will govern plat approval. They will also establish the jurisdictional control of the city and county. Cited herein: K.S.A. 12-705; 12-705a; 12-741; 12-743; 12-747; 12-750; 12-752; L.1991, ch. 56, section 1.
Book Synopsis Attorney General Opinion No. 1999-010 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-010 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: The provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.
Book Synopsis Attorney General Opinion No. 1999-050 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-050 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: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1999-038 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-038 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: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.
Book Synopsis Attorney General Opinion No. 1999-043 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-043 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: A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.
Book Synopsis Attorney General Opinion No. 1999-057 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-057 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: K.S.A. 1998 Supp. 25-4501 states "there shall be held a presidential preference primary." The provision is mandatory. Although the expense of conducting the presidential preference primary may well prove burdensome for the counties of the State, the statutory language obligates the counties to conduct the presidential preference primary regardless whether the Legislature acts to appropriate monies which would be used to reimburse the counties for the costs associated with conducting the presidential preference primary. Cited herein: K.S.A. 1998 Supp. 25-4501; K.S.A. 25-4508; Kan. Const., Art. 2, section 24.
Book Synopsis Attorney General Opinion No. 1999-033 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-033 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: The Wichita Child Guidance Center (Center) does not meet the definition of a "community mental health center" and thus cannot be licensed as such unless the Center is affiliated with a licensed community mental health center. Moreover, under the Mental Health Reform Act, the Kansas Department of Social and Rehabilitation Services cannot contract directly with a provider of mental health services unless the provider is a "mental health center" as defined at K.S.A. 1999 Supp. 39-1602(c). Cited herein: K.S.A. 1999 Supp. 39-1602; K.S.A. 39-1603; K.S.A. 1999 Supp. 39-1610; K.S.A. 75-3307b; K.A.R. 30-60-7.
Book Synopsis Attorney General Opinion No. 1999-028 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-028 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: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.
