Attorney General Opinion No. 1988-112 PDF Download

Author: Robert T. Stephan
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Languages : en
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Courts presume the constitutionality of a statute and resolve all doubts in favor of its validity. This presumption, when combined with the lack of prohibitory language in K.S.A. 25-3802, leads us to conclude that, while state law does not require an officer of a county central committee to be a member of a precinct committee, a political party may require such membership. Cited herein: K.S.A. 25-3802.

Author: Robert T. Stephan
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Languages : en
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An organization which collects a periodic fee on a prepaid basis in return for a promise to provide selected dental services in the future at no charge or at a discount must conform to the requirements of the prepaid legal and dental service plans act, unless exempted by statute. Cited herein: K.S.A. 1988 Supp. 40-4201; 40-4203; 40-4207; 40-4209; 40-4211, as amended by L. 1989, ch. 145, section 1; 1987 House Bill No. 2564.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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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
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Languages : en
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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Author: Robert T. Stephan
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Languages : en
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42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.

Author: Robert T. Stephan
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Languages : en
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A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.

Author: Robert T. Stephan
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Languages : en
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Claims against a county, based upon federal civil rights law, are not subject to the damage limitation provisions set forth in the Kansas tort claims act. K.S.A. 1987 Supp. 75-6105 sets a damage limitation and K.S.A. 1987 Supp. 75-6111 creates an exception to that limitation when an insurance policy is purchased that has policy limits in excess of the limitation. If such a policy is purchased, the damage limitation becomes the limitation of the policy. If a policy does not cover liability for certain claims, the damage limitation contained in K.S.A. 1987 Supp. 75-6105 remains applicable. Cited herein: K.S.A. 1987 Supp. 75-6105; 75-6111.

Author: Robert T. Stephan
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Languages : en
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When a conditional license is granted to an applicant, competing applications are denied. At such time, the unsuccessful applicants are eligible for the process of refunding the deposit to commence. The refund is subject to set-off for administrative and investigative expenses incurred after April 7, 1988. The statutes and regulations do not preclude the applicant from refiling an application when the competing applicant's conditional license expires for lack of a financial commitment. Cited herein: K.S.A. 1987 Supp. 74-8804, as amended by L. 1988, ch. 315, sec. 3; K.S.A. 1987 Supp. 74-8813(e); K.S.A. 1987 Supp. 74-8813, as amended by L. 1988, ch. 317, sec. 1, ch. 318, sec. 1, ch. 319, sec. 1; K.S.A. 1987 Supp. 74-8815, as amended by L. 1988, ch. 317, sec. 2, ch. 319, sec. 2; K.S.A. 1987 Supp. 74-8828; K.S.A. 1987 Supp. 75-6202(b); K.S.A. 75-6204; K.S.A. 1987 Supp. 77-501, e̲t̲ s̲e̲q̲., as amended by L. 1988, ch. 356; K.S.A. 77-601 e̲t̲ s̲e̲q̲.; K.A.R. 112-3-1; L. 1988, ch. 316; L. 1988, ch. 317, sec. 6.

Author: Robert T. Stephan
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Languages : en
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It is our opinion that: 1) A nonprofit organization applicant proposing to construct or own, or both, and manage a racetrack facility need only pay the application fee required by K.S.A. 1987 Supp. 74-8813(a) for an organization license; 2) a fair association or national greyhound association applicant proposing to construct or own, or both, and manage a racetrack facility need only pay the application fee established by the racing commission pursuant to K.S.A. 1987 Supp. 74-8814; 3) a for profit applicant proposing to construct or own, or both, and manage a racetrack facility must obtain a facility owner license and a facility manager license and pay an application fee for each as provided in K.S.A. 1987 Supp. 74-8815(c); 4) a facility owner license applicant seeking to construct or own, or both, racetrack facilities in more than one geographic location must pay multiple application fees to cover the costs associated with processing the information required relative to each location; 5) a facility owner or facility manager applicant may propose to construct, own and/or manage racetrack facilities in more than one county; and 6) if a facility owner license expires pursuant to K.S.A. 1987 Supp. 74-8815(i), the deposit required by subsection (d) of 74-8815 will be forfeited. Cited herein: K.S.A. 1987 Supp. 74-8801; 74-8810; 74-8813; 74-8814; 74-8815; K.A.R. 112-3-2; 112-3-6; 112-3-9; 112-3-10; 112-3-12; 112-3-13; 112-3-14 (Kan. Reg.).

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.