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Attorney General Opinion No 1989 094
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Book Synopsis Attorney General Opinion No. 1989-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-094 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A community college is authorized to charge out-district tuition for each student attending a satellite facility of that community college when the student resides in a district other than the community college district, provided there is no other community college located within the same district as the satellite facility. Out-district tuition charged to the county of residence of a student is a distinct fee from that charged to the student. Cited herein: K.S.A. 1988 Supp. 71-301, 71-609; K.S.A. 1988 Supp. 71-701(c).
Book Synopsis Attorney General Opinion No. 1990-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-094 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1989 Supp. 41-410 does not require an administrative proceeding to determine whether reasonable cause exists for the termination of a franchise agreement. However, should the director of the division of alcoholic beverage control make a finding that a termination was made without reasonable cause, he is authorized to take appropriate action against the licensee for violation of the liquor control act. Cited herein: K.S.A. 1989 Supp. 41-210; 41-320; 41-328; 41-328a; 41-410; K.A.R. 14-16-15.
Book Synopsis Attorney General Opinion No. 1989-064 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-064 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.
Book Synopsis Attorney General Opinion No. 1989-015 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-015 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Book Synopsis Attorney General Opinion No. 1989-032 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-032 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Book Synopsis Attorney General Opinion No. 1990-084 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-084 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Book Synopsis Attorney General Opinion No. 1992-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-094 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In domestic violence calls, when a law enforcement officer has probable cause to believe a crime is being committed or has been committed, the officer is required to arrest the offender and may not simply issue a ticket with a notice to appear in court. Cited herein: K.S.A. 1991 Supp. 22-2202; 22-2307; K.S.A. 22-2401.
Book Synopsis Attorney General Opinion No. 1989-111 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-111 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
Book Synopsis Attorney General Opinion No. 1988-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-094 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1987 Supp. 79-1482 permits a tax levy in order to fund the costs of conducting the countywide reappraisal program in compliance with the act. In order to comply with the act, certain costs and activities will necessarily occur after the year 1989. Thus, K.S.A. 1987 Supp. 79-1482 authorizes and permits a levy to be made in years subsequent to 1989. Cited herein: K.S.A. 19-436; K.S.A. 1987 Supp. 79-1482; 79-1476.
Book Synopsis Attorney General Opinion No. 1989-134 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-134 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.
Book Synopsis Attorney General Opinion No. 1989-072 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-072 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.
Book Synopsis Attorney General Opinion No. 1989-042 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-042 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions by the governing body of a public hospital concerning records and reports mandated to be confidential under the risk management and peer review laws are not required to be discussed in an open meeting. Cited herein: K.S.A. 1988 Supp. 65-4915; 65-4922; 65-4923; 65-4925; 74-8705; 74-8804; 75-37,102; K.S.A. 75-4317; K.S.A. 1988 Supp. 75-4318; 75-4319; K.A.R. 1987 Supp. 28-52-1; 42 C.F.R. section 482.21.
Book Synopsis Attorney General Opinion No. 1989-104 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-104 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A law enforcement officer may stop and cite a driver for violation of K.S.A. 8-1344 and 8-1345, as amended, of the child passenger safety act even in the absence of another violation of law. Cited herein: K.S.A. 8-1344, as amended by L. 1989, ch. 40, section 1; 8-1345, as amended by L. 1989, ch. 40, section 2; K.S.A. 1988 Supp. 8-2503, as amended by L. 1989, ch. 40, section 4.
Book Synopsis Attorney General Opinion No. 1989-137 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-137 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: District courts appear to have the authority to entertain a motion for new trail in a juvenile proceeding if the motion is timely filed and if double jeopardy problems would not arise. A juvenile does not, however, have a statutory or constitutional right to a new trial. Cited herein: K.S.A. 38-801 et seq., repealed L. 1982, ch. 182; 38-1601; 38-1632; 38-1653; 38-1665; 38-1681; 38-1683; 60-259; 60-2103; K.S.A. 44-556, as amended by L. 1979, ch. 158, section 1.
Book Synopsis Attorney General Opinion No. 1989-030 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-030 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposed state legislation that relates to a welfare benefit plan and is not otherwise excepted is preempted by Section 514 of the Employee Retirement Income Security Act of 1974 (ERISA). Cited herein: 29 U.S.C. section 1001 e̲t̲ s̲e̲q̲.; U.S. Const., Art. VI, cl. 2.
Book Synopsis Attorney General Opinion No. 1989-133 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-133 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1989-061 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-061 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-3005 prescribes that "[t]he style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ___________:'". This requirement is mandatory, and a proposed ordinance submitted under the provisions of K.S.A. 12-3013 must include an ordaining clause. As Ordinance No. 112-A of the city of Olathe contains no such clause, it is our opinion that the "ordinance" is void and unenforceable. Cited herein: K.S.A. 12-3005; 12-3013; Kan. Const., Art. 2, section 20.
