Attorney General Opinion No. 1990-085 PDF Download

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1989 Supp. 15-311 prescribes that in case of temporary absence of the mayor, "the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, other than the appointment of officers pursuant to K.S.A. 15-204 and amendments thereto ... until the mayor shall return." Thus, in the temporary absence of the mayor, the president of the council may exercise the mayoral power under K.S.A. 15-201 to fill vacancies in the city council until the next election for the office. Cited herein: K.S.A. 15-201; K.S.A. 1989 Supp. 15-204; 15-311.

Author: Carla J. Stovall
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Languages : en
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While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.

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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If the LaCrosse police officers are arresting a person for violating K.S.A. 1990 Supp. 8-1567 or any other state law, Rush county is responsible for any of the jail expenses incurred. The city of LaCrosse is responsible for the jail fees and costs incurred if the prisoner was arrested for violation of city ordinances. Cited herein: K.S.A. 19-1916; K.S.A. 1990 Supp. 19-1930.

Author: Robert T. Stephan
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Languages : en
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1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.

Author: Robert T. Stephan
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Languages : en
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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.

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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In lieu of a comparable Environmental Protection Agency (EPA) program, the Kansas Department of Health and Environment (KDHE) is authorized by the EPA to conduct a hazardous waste program as prescribed by the federal Resource Conservation and Recovery Act (RCRA). KDHE must meet various federal open records requirements to maintain authorization. KDHE meets all federal requirements for timely response to informational inquiries. Additionally, the Secretary has the authority pursuant to K.S.A. 65-3431 to adopt rules and regulations as shall be necessary to carry out the purposes of the Hazardous Waste Act (K.S.A. 65-3430 e̲t̲ s̲e̲q̲.) Cited herein: K.S.A. 45-218; K.S.A. 45-221; K.S.A. 45-222; 65-3401 e̲t̲ s̲e̲q̲.; 65-3430 e̲t̲ s̲e̲q̲.; 65-3431; 5 U.S.C. section 552; 40 C.R.F. 2.112 (1986); section 2.118 (1986).

Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-101b does not specifically provide a format for a petition demanding that a resolution of a county be submitted to a vote of the electors. Therefore, such a petition must meet the requirements of K.S.A. 25-3602. The petition must clearly state the question which petitioners seek to bring to an election and each circulator must sign a verification at the end of each set of documents which that circulator carried. It is not necessary for each and every document to contain a separate verification. The verification must be accompanied by an oath or affirmation of the circulator stating to the effect that the circulator has personally witnessed the signatures contained on the documents. In lieu of an oath or affirmation, the verification may be accompanied by the statement contained in K.S.A. 1989 Supp. 53-601. However, state statute does not require that the verification be notarized. Cited herein: K.S.A. 12-688 (repealed, L. 1986, ch. 173, section 85); K.S.A. 19-101b; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602; K.S.A. 1989 Supp. 53-601; K.S.A. 54-101; 79-5036.

Author: Robert T. Stephan
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Languages : en
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The secretary of state does not possess the authority to determine whether the procedure set forth in K.S.A. 24-1201 et seq., for establishing a watershed district has been properly followed. Therefore, once the secretary of state has received certification from the board of directors of a watershed district showing that a majority of persons voting on the proposition regarding the establishment of a watershed district voted in favor of such proposition, the secretary of state must issue a certificate of incorporation to the board of directors. Cited herein: K.S.A. 24-1201; 24-1207.