Attorney General Opinion No. 1980-137 PDF Download

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
A request for notice of public meetings remains valid indefinitely, at least for a reasonable period of time. No written statement is required to withdraw a request for notice, although such written withdrawal would be advisable. No charge may be made for the providing of notice of public meetings. Requests for notice are to be honored regardless of residency of the requester. And the death of the requester permits the governmental unit to cease providing such notice, except where the deceased person had requested notice as a representative of an organization or known individuals. Cited herein: K.S.A. 75-4317, K.S.A. 1980 Supp. 45-204, 75-4318.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
A custodian of public records who reasonably believes that a requestor will use the information for prohibited purposes must deny access to the records. Disclosure of the information in such a case will subject the custodian to possible criminal charges. The Kansas Open Records Act does not require a public agency which maintains records on computer facilities to write a computer program to produce requested information in a certain form if the information is available in existing records. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-215; 45-216; 45-217; 45-220.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
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.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
An instrument which purports to assign a debtor's right to receive payment under a contract for the sale of real estate represents a security interest in personality and must be filed accordingly in order to perfect the creditor's security interest. The instrument may also be recorded in the office of the register of deeds in the county in which the real estate is located, as the instrument is such that "real estate may be affected thereby." K.S.A. 58-2221. Further, since the instrument is not a mortgage of real estate as defined in K.S.A. 79-3101, no mortgage registration fee may be assessed for such recording. If, however, the instrument incorporates by reference an executory contract for the sale of the real estate which has never been recorded, and thus upon which no mortgage registration fee has been paid, then a mortgage registration fee must be collected based on the amount of the indebtedness involved in the executory contract. This is so because one cannot do indirectly (record an executory contract without paying mortgage registration fees) that which one could not do directly. Cited herein: K.S.A. 58-2221; 79-3101; K.S.A. 1985 Supp. 79-3102; K.S.A. 84-9-102; K.S.A. 1985 Supp. 84-9-401.