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Attorney General Opinion No 1987 003
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Book Synopsis Attorney General Opinion No. 1987-003 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-003 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: A creditor may not contract for or receive a separate charge for insurance unless the credit insurance provides a benefit which covers a loss to property related to the credit transaction. Household goods cannot be related to the transaction unless a purchase money credit arrangement is involved. Nor may the creditor be named as a loss payee of a policy which covers all of a consumer's household goods, even though that creditor has a security interest in some of the property covered under the policy. The amount of insurance is limited to the lesser of either the amount of debt or the value of the property insured. If a separate charge is received for credit insurance, before the insurance may be written, the consumer must give an informed, affirmative, written request for the policy. In addition, a creditor may not sell credit insurance to a consumer if he has knowledge that an existing policy gives full coverage of the property related to the transaction, and the credit insurance would therefore be pro-rated. Cited herein: K.S.A. 16a-1-101, 16a-1-102; 16a-2-501; 16a-3-301; 16a-3-302; 16a-4-104; 16a-4-105; 16a-4-106; 16a-4-109; 16a-4-112; 16a-4-202; 16a-4-301; 16a-4-302; 50-626(b)(3); K.A.R. 40-5-8; 40-5-103; 15 U.S.C. sections 45, 1605(b); 12 C.F.R. sections 227.1; section 227.13; section 226.4; section 226.18; 16 C.F.R. section 444.2(a)(4).
Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-065 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: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Book Synopsis Attorney General Opinion No. 1987-095 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-095 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: Pursuant to K.S.A. 65-1810 a school of barbering student must complete 1,500 hours of instruction in nine months, with a maximum of eight hours in a day. In our judgment, K.A.R. 61-3-17 which allows a student to make up lost time, adequately deals with time missed during the nine month period. Additionally, while there is no formal definition of a full-time student in the statutes, in our opinion, for purposes of fulfilling the statutory requirements a full-time student is one that can complete the required hours of instruction in the time frame set by statute. Because K.A.R. 61-3-22 prohibits the issuing of a permit to a night school, it is our opinion that a school that operates 8:00 a.m. to 5:00 p.m. cannot lawfully run a second shift. Proposed changes to the regulatory scheme, in our judgment, can be effected by adding the changes to pertinent existing regulations or by promulgating new regulations, provided the changes are appropriate, reasonable and within the statutory authority conferred by the legislature. Cited herein: K.S.A. 65-1810; K.A.R. 61-3-2; 61-3-8; 61-3-17; 61-3-22.
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. 1987-002 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-002 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: The term "salaried officer of the state," as used in Article 3, Section 13 of the Kansas Constitution, refers to any person holding a salaried state office. Common law criteria set out in D̲u̲r̲f̲l̲i̲n̲g̲e̲r̲ ̲v̲.̲̲ ̲A̲r̲t̲i̲l̲e̲s̲, 234 Kan. 502 (1983) must be applied to determine whether a person holding a specific state position is a state officer. Cited herein: K.S.A. 25-2505, 75-4301; L. 1972, ch. 390 and 392; Kan. Const., Art. 1, section 15; Kan. Const., Art. 3, section 13.
Book Synopsis Attorney General Opinion No. 1987-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-176 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: The Kansas Water Office possesses statutory authority to recommend the proposed name change of local health departments. The recommendation can be made to either the local authorities who govern such a department or to the state legislature or governor. When the health department is created pursuant to state authority, the state can legislatively mandate such a name change. Whether a local health department can individually effect such a change depends upon the extent and degree of local authority over each individual health department. Cited herein: K.S.A. 12-101 e̲t̲ s̲e̲q̲.; K.S.A. 19-101 e̲t̲ s̲e̲q̲.; K.S.A. 74-2616; K.S.A. 1986 Supp. 74-2622; K.S.A. 75-5601; K.S.A. 1986 Supp. 82a-906; 82a-927; 82a-928, as amended by L. 1987, ch. 402, sec. 3.
Book Synopsis Attorney General Opinion No. 1987-036 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-036 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: Based upon the information you have provided, it is our opinion that the Housing Maintenance Guideline Agreement executed by certain Fish and Game Commission employees (prior to July, 1986) is a binding contract between the Commission and an employee of the Commission who occupies state-owned housing. Additionally, in our judgment the termination of the Commission's payment of utility services for state-owned housing occupied by those employees has reduced their salaries in contravention of applicable state regulations. Cited herein: K.S.A. 75-2961a, 75-4321, 75-4322, 75-4330; K.A.R. 1-5-20, 1-19-1, 1-19-2, 1-19-3; 1-19-4; 26 U.S.C. section 19.
Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-034 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: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-121 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: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Book Synopsis Attorney General Opinion No. 1977-003 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-003 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of K.S.A. 61-2707(a) which forbids any party in an action under the small claims procedure act to be represented by counsel therein results in a denial of due process to the parties in any such proceeding before an associate district judge from and after January 10, 1977, unless and until provision is made for an appeal from such proceedings to a hearing de novo at which the parties may be represented by counsel.
Book Synopsis Attorney General Opinion No. 1987-070 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-070 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: The statutory and regulatory scheme found in K.S.A. 1986 Supp. 55-609(c), 55-711(c) and K.A.R. 82-3-206 imposes an assessment to pay the conservation division expenses and administrative costs. Under this scheme the first purchaser pays the assessment and deducts it from payment of production to producers and royalty owners. Generally, as a matter of federal constitutional law, the federal government and Indian tribes are exempt from state taxation absent congressional consent. In our judgment there is implicit consent to tax the federal government in 30 U.S.C. sections 189 which authorizes a tax against a lessee of the federal government. This federal statute has been interpreted by the U.S. Supreme Court to authorize the tax against the lessee "as if the government were not concerned." There is also congressional authorization to tax the mineral interests of Indian tribes if the interests result from a lease issued to a non-Indian lessee pursuant to the 1924 Act found in 25 U.S.C. sections 398. However, this authorization does not exist in the Indian Mineral Leasing Act of 1938 found in 25 U.S.C. sections 396a. Therefore Indian mineral interests resulting from a lease issued to a non-Indian lessee pursuant to the 1924 Act are not exempt and those pursuant to the 1938 Act are exempt from the statutory and regulatory scheme in question. Cited herein: K.S.A. 1986 Supp. 55-609, 55-711, U.S. Const., Art. IV, sections 3, cl. 2; 30 U.S.C. sections 189, 25 U.S.C. sections 396a; 398.
Book Synopsis Attorney General Opinion No. 1987-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-102 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: Where a municipal utility passes on a supplier rate increase to its customers, and subsequently receives a refund upon disallowance of the increase, any liability of the municipal utility to distribute the refund to its customers (located within the municipality) is in the nature of a quasi-contractual obligation based on the doctrine of unjust enrichment. Accordingly, any action by a customer for a refund must be brought within 3 years. K.S.A. 60-512(1). Cited herein: K.S.A. 60-512; 66-104.
Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-045 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: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1987-093 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-093 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: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.
Book Synopsis Attorney General Opinion No. 1985-003 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-003 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: In the absence of a statute to the contrary, a register of deeds lacks authority to allow changes to be made in the real estate records of the county in order to correct errors made in original instruments that were properly recorded by the register of deeds. If the parties to a recorded instrument discover an error in the original instrument, a document containing the correct information should be prepared and recorded. The register of deeds is an elected county officer whose duties are prescribed by law. No other officer or entity is charged with the responsibility of supervising the activities of the register of deeds. However, like the actions of any other public officer, the actions of a register of deeds are subject to review by the courts and the electors of the county. Cited herein: K.S.A. 19-1204, 58-2221.
Book Synopsis Attorney General Opinion No. 1987-079 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-079 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: K.S.A. 1986 Supp. 75-4218(b)(2), as amended, prohibits a bank from depositing its pledged securities for state bank accounts with a custodial bank which is owned by the same holding company as the depositing bank. Cited herein: K.S.A. 1986 Supp. 9-519 e̲t̲ s̲e̲q̲.; 75-4218; L. 1967, ch. 447, section 7; L. 1968, ch. 75, section 2; L. 1973, ch. 63, section 2; L. 1975, ch. 453, section 10; L. 1985, ch. 58, section 3; 1987 House Bill No. 2498, as amended by House Committee.
Book Synopsis Attorney General Opinion No. 1981-003 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-003 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. 1979 Supp. 38-717 imposes a duty on specified classes of persons involved in medical or health-related professions to report suspected cases of physical or mental abuse or neglect which involve children under the age of 18 whom they have examined, attended or treated. The statutory duty would not be imposed in the case where information regarding the suspected abuse was obtained from an indirect source (i.̲e̲.̲ a parent or other individual), although the statute does make reporting in such situations discretionary. However, a failure to act, even in situations made discretionary by statute, could create the potential for liability in tort should further injury result. Cited herein: K.S.A. 1979 Supp. 38-716, 38-717.
