Attorney General Opinion No. 1989-108 PDF Download

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

View

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

View

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 :

View

Book Description
Funding for the Kansas agriculture and rural leadership program is outside the scope of the duties, authorities and powers of the Kansas wheat commission and therefore would be a violation of K.S.A. 1989 Supp. 2-2609(b). Cited herein: K.S.A. 1989 Supp. 2-2606; 2-2608; 2-2609.

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

View

Book Description
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.

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

View

Book Description
Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.

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

View

Book Description
Whether a traffic related offense which is classified as a misdemeanor should be considered a "misdemeanor" or a "law regulating traffic" for purposes of assessing the correct docket fee under K.S.A. 1988 Supp. 28-172a must be determined on a case-by-case basis taking into consideration the amount of time and effort typically required to prosecute such an offense. Cited herein: K.S.A. 20-362; K.S.A. 1988 Supp. 28-172a; L. 1984, ch. 39, section 1; L. 1978, ch. 108, sections 3, 9; L. 1976, ch. 163, section 28.

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

View

Book Description
A city of the third class may, pursuant to its constitutional home rule powers, exempt itself, by charter ordinance, from that portion of K.S.A. 15-809 which requires that the excess proceeds from the sale of a city-owned utility be paid into the city's general fund. The provisions of K.S.A. 55-211a are uniformly applicable to all cities, and a city may not exempt itself from that portion of the statute which prescribes that moneys arising from the lease of lands for drilling for oil or gas, or from the production of oil or gas, shall become a part of the city's general fund. Cited herein: K.S.A. 15-809, 55-211a, Kan. Const., Art. 12, section 5.

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

View

Book Description
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.

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

View

Book Description
K.S.A. 19-2766a provides that prosecution of violations of improvement district resolutions "shall be conducted in the manner provided by law for prosecution of misdemeanor violations of state law." Such misdemeanor violations are prosecuted by the county or district attorney. It is therefore our opinion that a county attorney has the authority and duty to prosecute violations of improvement district resolutions. However, such a duty remains subject to the principle of prosecutorial discretion. Cited herein: K.S.A. 2-1219; 8-286; K.S.A. 1989 Supp. 9-2014; K.S.A. 12-403; 19-214; 19-618; 19-701; 19-702; 19-703; 19-2688; 19-2753; 19-2765; 19-2766a; 19-2766b; 21-1803; 21-3105; 22-2104; 22-2519; 22-3902; 22a-104; 23-462; 24-120; K.S.A. 1989 Supp. 25-308; K.S.A. 31-105a; and 75-108.

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

View

Book Description
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.