Attorney General Opinion No 1980 139

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Attorney General Opinion No. 1980-139

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-139 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: It is within the discretion of the court to grant probation or to suspend the sentence for a second or subsequent conviction of driving while intoxicated. Cited herein: K.S.A. 8-262(a) and K.S.A. 1979 Supp. 8-1657, 21-4603(2)(d), 21-4618(1) and 21-3101.

Attorney General Opinion No. 1981-139

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-139 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A private citizen serving as the consumer representative on an institutional review board supervising research projects involving human beings is an employee within the meaning of the Kansas Tort Claims Act. Such person is not rendering professional services so as to be excepted from the Act by the terms of K.S.A. 1980 Supp. 75-6115, and such person is entitled to the defenses provided in the Act, (see K.S.A. 1980 Supp. 75-6104), legal representation, (see K.S.A. 1980 Supp. 75-6108), and indemnification (see K.S.A. 1980 Supp. 75-6109). Cited herein: K.S.A. 1980 Supp. 40-3401, 75-6102, 75-6103, 75-6104, 75-6108, 75-6109, 75-6111, and 75-6115, 21 CFR sections 56.101-124, 45 CFR sections 46.101-110, 45 Fed. Reg. 77384 (Nov. 21, 1980).

Attorney General Opinion No. 1981-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-118 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.

Attorney General Opinion No. 1978-139

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (881 download)

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Book Synopsis Attorney General Opinion No. 1978-139 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-139 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 fee of $2.00 should be assessed under K.S.A. 1977 Supp. 28-115 for the recording of a partial release.

Attorney General Opinion No. 1979-139

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (876 download)

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Book Synopsis Attorney General Opinion No. 1979-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1979-139 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the Professional Corporation Law of Kansas, K.S.A. 17-2706 e̲t̲ s̲e̲q̲., and the Real Estate Brokers' License Act, K.S.A. 58-3001 e̲t̲ s̲e̲q̲., only individuals may engage in the activities of licensed real estate salesmen, and a corporation may not be formed for the purpose of offering such services.

Attorney General Opinion No. 1981-030

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-030 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-030 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As provided by K.S.A. 31-137, municipal fire departments are empowered to enforce the provisions of K.S.A. 31-132 e̲t̲ s̲e̲q̲., as well as any rules and regulations adopted pursuant thereto. Such enforcement includes the making of inspections in and upon all buildings and premises subject to the act and, if necessary, the issuance of cease and desist orders. (K.S.A. 1980 Supp. 31-139). As buildings subject to the act include all places in which people work, live or congregate from time to time, [K.S.A. 1980 Supp. 31-133(a)], the Topeka State Hospital, as such a place, would be subject to inspection by officials of the Topeka Fire Department. However, the department would not be able to enforce any provisions inconsistent with the rules and regulations adopted by the state fire marshal. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, K.S.A. 31-137, K.S.A. 1980 Supp. 31-139, K.A.R. 1980 Supp. 22-3-1, K.A.R. 22-11-1.

Attorney General Opinion No. 1987-139

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-139 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-139 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When an inmate is given a medical examination upon arrival at a detention facility pursuant to intake procedures, the physician-patient privilege may be invoked to prevent disclosure of confidential communications in a civil action or misdemeanor criminal case, subject to statutory exceptions. Public policy supports the confidentiality of communications between the patient and physician beyond the witness stand. Such policy must give way, however, when the public's right to know about the patient's dangerous condition outweighs the individual's privacy interests. In that case, a physician would be justified in notifying sheriff's department personnel so that steps may be taken to protect the health interest of other inmates. Cited herein: K.S.A. 19-811; 45-221, as amended by L. 1987, ch. 176, section 4; 65-101; 65-118; 65-2837, as amended by L. 1987, ch. 176, section 6; 60-427; 75-5228; K.A.R. 28-1-1, 28-1-2.

Attorney General Opinion No. 1980-261

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-261 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-261 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: In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.

Attorney General Opinion No. 1980-233

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-233 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-233 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: Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.

Attorney General Opinion No. 1980-189

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-189 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-189 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: Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).

Attorney General Opinion No. 1980-158

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-158 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-158 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: The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.

Attorney General Opinion No. 1980-094

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-094 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-094 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: By virtue of 12 U.S.C.A. section 484, national banks are insulated from "visitorial powers" other than those specifically authorized by law. As a result, even though a national bank has obtained a license from the Consumer Credit Commissioner to make supervised loans under the Uniform Consumer Credit Code, the Commissioner is precluded from examining or investigating any such national bank under authority of K.S.A. 16a-2-305(1), as such would constitute the exercise of "visitorial powers." Moreover, predicated on the judicial constructions of 12 U.S.C.A. section 85 (prescribing maximum rates for national banks), it is unnecessary for a national bank to be so licensed in order to charge the higher interest rates authorized for "licensed" supervised lenders by K.S.A. 1979 Supp. 16a-2-401(2). Cited herein: K.S.A. 16a-1-30(38), (39), (40)(as amended by section 4 of 1980 Senate Bill No. 731), K.S.A. 16a-2-301, 16a-2-304(2) and 16a-2-305(1), K.S.A. 1979 Supp. 16a-2-401(2), 12 U.S.C.A. sections 85, 484 and 12 C.F.R. sections 7.6025, 7.7310(a).

Attorney General Opinion No. 1980-173

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-173 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-173 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: A telephone conference call among members of a public body may constitute a meeting of such body, where the number of members engaged in such call is sufficient by statute to transact the business of the body, and so long as all members thereof are notified of the conference call and given the opportunity to participate. Meetings held pursuant to telephone conference calls are subject to the Open Meetings Act where such calls involve a majority of a quorum of the public body's membership, even though the number of members involved is not enough to transact the business of the public body. Cited herein: K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318.

Attorney General Opinion No. 1980-154

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-154 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-154 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: Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).

Attorney General Opinion No. 1980-137

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-137 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-137 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: Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1980-219

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-219 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-219 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: The behavioral sciences regulatory board may establish committees or subcommittees to assist it in the performance of certain of its administrative functions, but the board may not delegate its authority to such committees or subcommittees to determine the examination to be used for applicants for licensure or certification or to determine which applicants will be permitted to sit for said examinations. The board's application of K.S.A. 74-5310 to candidates for certification as psychologists is a matter left to the sound discretion of the board, or as may be determined pursuant to board rules and regulations establishing procedures or guidelines by which such board determinations may be made, according to the plain and ordinary definitions of the words used in the statute. Cited herein: K.S.A. 1979 Supp. 65-2828, 65-2830, K.S.A. 74-5310, 75-3223, 75-5346 to 75-5361, inclusive, as amended by L. 1980, ch. 242, 77-201, S̲e̲c̲o̲n̲d̲, L. 1980, ch. 242.

Attorney General Opinion No. 1980-102

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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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.