Attorney General Opinion No. 1989-112 PDF Download

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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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
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Languages : en
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K.S.A. 12-3005 prescribes that "[t]he style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ___________:'". This requirement is mandatory, and a proposed ordinance submitted under the provisions of K.S.A. 12-3013 must include an ordaining clause. As Ordinance No. 112-A of the city of Olathe contains no such clause, it is our opinion that the "ordinance" is void and unenforceable. Cited herein: K.S.A. 12-3005; 12-3013; Kan. Const., Art. 2, section 20.

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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1990 House Bill No. 2598 does not alter or affect the vehicle rental agency provisions of the International Registration Plan as such plan was entered into pursuant to the continuing authority of K.S.A. 1989 Supp. 8-127 and K.S.A. 74-4302. Cited herein: K.S.A. 1989 Supp. 8-127; K.S.A. 8-129; K.S.A. 1989 Supp. 8-145; K.S.A. 8-149; 74-4302; 79-5107; 1990 H.B. No. 2598.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.

Author: Robert T. Stephan
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Languages : en
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Although an "or equal" clause is not statutorily required to be included in the specifications of an architect, the public policy of the state of Kansas dictates that the specifications for projects subject to competitive bidding cannot be drafted in such a manner as to exclude the possibility of competition. The practice of architecture, as a technical profession, is subject to the rules of professional conduct located at K.A.R. 66-6-4. The board of technical professions has authority to determine if a violation of those rules has occurred. Cited herein: K.S.A. 19-214; 19-3516; 50-112; 50-113; K.S.A. 1989 Supp. 72-6760; K.S.A. 74-7001; 74-7003; 74-7013; 74-7026; 74-7029; 75-3739; 77-425.

Author: Robert T. Stephan
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Languages : en
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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
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Languages : en
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Pursuant to K.S.A. 72-7071(b), any increase in funds obtained by a school district by appeal to the State Board of Tax Appeals must be budgeted and expended exclusively for the purpose for which the increase is authorized. Thereafter, any such amount may not be budgeted or expended for a purpose different than the purpose for which an increase was initially obtained. Cited herein: K.S.A. 1983 Supp. 72-7055, as amended by L. 1984, ch. 268, section 5; K.S.A. 72-7071.