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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While the Kansas Supreme Court has not specifically precluded the use of criminal sanctions to enforce the eight-hour work day regulations found at K.S.A. 44-201 e̲t̲ s̲e̲q̲., it has precluded that option for purposes of enforcing the wage rate provisions of the act. The court has indicated a preference for civil, as opposed to criminal, methods of enforcement for the eight-hour work day provisions as well. If it is a public official who is in violation of K.S.A. 44-201 e̲t̲ s̲e̲q̲., an action in mandamus may be brought to enforce the act's provisions, though only by reference of the attorney general or county attorney, or by any citizen with a specific interest or right distinct from that of the general public. If a contractor is violating the statutes, a laborer might be able to enforce those statutes through mandatory injunction or a suit on the contract as third party beneficiary. The Kansas Department of Human Resources has no jurisdiction to adjudicate wage claims based on violations of K.S.A. 44-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-201; 44-202; 44-203; 44-204; 44-205; 75-6101; 75-6104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While the Kansas Supreme Court has not specifically precluded the use of criminal sanctions to enforce the eight-hour work day regulations found at K.S.A. 44-201 e̲t̲ s̲e̲q̲., it has precluded that option for purposes of enforcing the wage rate provisions of the act. The court has indicated a preference for civil, as opposed to criminal, methods of enforcement for the eight-hour work day provisions as well. If it is a public official who is in violation of K.S.A. 44-201 e̲t̲ s̲e̲q̲., an action in mandamus may be brought to enforce the act's provisions, though only by reference of the attorney general or county attorney, or by any citizen with a specific interest or right distinct from that of the general public. If a contractor is violating the statutes, a laborer might be able to enforce those statutes through mandatory injunction or a suit on the contract as third party beneficiary. The Kansas Department of Human Resources has no jurisdiction to adjudicate wage claims based on violations of K.S.A. 44-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-201; 44-202; 44-203; 44-204; 44-205; 75-6101; 75-6104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 1986 Supp. 8-2503(e) restricts the enforcement of the Kansas Safety Belt Use Act only in those situations where a law enforcement officer "effects an enforcement stop." Therefore, a person involved in a vehicular accident may be cited for failure to use a safety belt (if that person was not wearing one at the time of the accident) even if such person is not cited for any other violation. Cited herein: K.S.A. 1986 Supp. 8-2501 e̲t̲ s̲e̲q̲.; K.S.A. 1986 Supp. 8-2503(e).
Author: Curt Thomas Schneider Publisher: ISBN: Category : Languages : en Pages : 2
Book Description
"You inquire whether [K.S.A. 1974 Supp. 65-1,109], and the reference to "any person," applies to all law enforcement personnel administering tests to determine the alcohol content of human breath for law enforcement purposes."
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A recreation commission may enter into a lease agreement with a unified school district, the terms of which permit the unified school district to use baseball and softball fields owned by the recreation commission. The term of such a lease may not exceed 10 years. A unified school district has the authority to acquire and maintain equipment, buildings, or other recreational facilities and make capital improvements on real property, title to which is held by a recreation commission. Cited herein: K.S.A. 12-1901 (repealed); 12-1924; 12-1926, as amended by L. 1993, ch. 46, sec. 1; 12-1928; K.S.A. 1987 Supp. 12-1928; L. 1989, ch. 64, sec. 1; L. 1986, ch. 80, sec. 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 75-4319 provides that any motion to recess for a closed or executive session must include a statement of both the justification for closing the meeting and the subjects to be discussed. A public body adjourning to executive session pursuant to the exception for "personnel matters" must specify the subject to be discussed with a reasonable degree of specificity, although identification of the particular individual or individuals involved need not be made. Cited herein: K.S.A. 75-4317; 75-4319.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment. Cited herein K.S.A. 75-4303a; 75-4304.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Curt Thomas Schneider
Author: American Bar Association. House of Delegates
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan