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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Although the proposed drug bid program raises serious antitrust questions, it is our opinion that it does not represent a p̲e̲r̲ ̲s̲e̲ violation of antitrust laws. Under a rule of reason analysis the proposed bid program may survive an antitrust challenge. The proposed program should be conducted in a manner that renders the market more, rather than less, competitive and does not allow one manufacturer to unlawfully possess market power to the exclusion of its competitors. Cited herein: 15 U.S.C. section 1-27.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Although the proposed drug bid program raises serious antitrust questions, it is our opinion that it does not represent a p̲e̲r̲ ̲s̲e̲ violation of antitrust laws. Under a rule of reason analysis the proposed bid program may survive an antitrust challenge. The proposed program should be conducted in a manner that renders the market more, rather than less, competitive and does not allow one manufacturer to unlawfully possess market power to the exclusion of its competitors. Cited herein: 15 U.S.C. section 1-27.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While generally an administrative agency has the power to adopt general statements of policy, it cannot do so in lieu of regulations. If the "policy" establishes a "binding norm" and operates prospectively, eliminating the use of discretion in individual cases, the "policy" must be promulgated as a regulation, with notice and comment under K.S.A. 77-401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1988 Supp. 1-202; 1-308; K.S.A. 1988 Supp. 1-311, as amended by L. 1989, ch. 1, sec. 3; K.S.A. 77-401 e̲t̲ s̲e̲q̲.; K.A.R. 74-5-403; 74-5-406.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Despite the fact that a former member of the legislature is included in the definition of "elected state official" under K.S.A. 1988 Supp. 74-4998b, years of state service after leaving the legislature are not included in the "elected state official's years of credited service" under K.S.A. 1988 Supp. 74-4998d. The definition serves merely as a listing of those individuals that may elect to become special members of the Kansas public employees retirement system. Also, a former member is exempt from making the contributions required under K.S.A. 1988 Supp. 74-4998c. Cited herein: K.S.A. 1988 Supp. 74-4998a; 74-4998b; 74-4998c, 74-4998d.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to K.S.A. 1989 Supp. 74-7312(a), 74-7301(d) and 74-7305(c)(1), the state should be subrogated to the victim's receipt of restitution to the extent of the victim's award from the crime victims compensation board. Cited herein: K.S.A. 21-4610; K.S.A. 1989 Supp. 74-7301; 74-7305; 74-7312.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While at the time of the election to eliminate the intangibles tax in the city of Hutchinson the city was authorized to offset the lost revenues with property taxes notwithstanding the aggregate tax limit then in effect, the city currently does not have that authority. Thus, the city must either partially exempt itself from the provisions of the tax lid pursuant to K.S.A. 79-5036, as amended, or make application to the state board of tax appeals pursuant to K.S.A. 79-5030 for authority to levy in excess of the limit. Cited herein: K.S.A. 1989 Supp. 12-1,101; K.S.A. 77-201; 79-5022, as amended by 1990 H.B. No. 2700; 79-5030; 79-5036, as amended by 1990 H.B. No. 2700; K.S.A. 79-5022 (Ensley 1989); Kan. Const., art. 12, sec. 5; U.S. Const., art. I, sec. 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
While registration acts generally do not restrict the practice of a regulated profession, the legislature may by statute place limitations on the scope of practice. The legislative history of K.S.A. 1988 Supp. 65-5812(e) reflects the plain meaning and intent of the words used in this provision. Thus, registered professional counselors may not diagnose or treat mental illness or disease. Cited herein: K.S.A. 1988 Supp. 65-5001; 65-5801; 65-5802; 65-5803; 65-5812; 74-7507.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The application deposit required by K.S.A. 1988 Supp. 74-8815(d) is forfeited upon voluntary surrender of a facility owner license. An organization license is not affected by voluntary surrender of the licenses of the facility owner and facility manager with whom it has contracted. The organization license remains intact unless and until the organization licensee violates provision of the racing act, a regulation of the commission, or a term of the license. Cited herein: K.S.A. 1988 Supp. 74-8803; 74-8813; 74-8815; K.A.R. 112-3-3; 112-3-5; 112-3-18.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Court services officers should report suspected child abuse or neglect pursuant to K.S.A. 1988 Supp. 38-1522. Cited herein: K.S.A. 1988 Supp. 12-4113; K.S.A. 19-4409; 20-162; 20-345; 20-346a; 21-4602; 21-4604; 21-4610; 22-2202, as amended by L. 1989, ch. 118, section 175; 22-3716; 38-1161; K.S.A. 1988 Supp. 38-1502, as amended by L. 1989, ch. 95, section 7; 38-1522; 38-1527; 38-1528; 38-1565, as amended by L. 1989, ch. 122, section 1; K.S.A. 38-1624; 38-1661; K.S.A. 1988 Supp. 38-1663, as amended by L. 1989, ch. 95, section 10 and L. 1989, ch. 92, section 29; 74-5602, as amended by L. 1989, ch. 118, section 183.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Kansas law enforcement training act, K.S.A. 74-5601 e̲t̲ s̲e̲q̲., does not currently require that a person attending a training course be 21 years of age. However, a person cannot be certified by the commission or perform law enforcement functions until he or she reaches age 21. Cited herein: K.S.A. 1989 Supp. 74-5602; 74-5605; 74-5607a; 74-5616; 74-5616a; 74-5617; K.S.A. 74-5618; K.S.A. 74-5605a, repealed L. 1985, ch. 258, section 1; L. 1982, ch. 322, section 6; L. 1983, chs. 256, 257.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The doctrine of incompatibility of offices precludes one person from holding the office of reserve police officer while at the same time serving as a city council member in a city of the second class having the mayor-council form of government. However, as stated in Attorney General Opinion No. 81-74, a person could hold the office of council member and still serve as a member of a volunteer fire department, as such volunteers are neither officers nor employees of the city for the purposes of the doctrine.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan