Attorney General Opinion No. 1984-078 PDF Download

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

View

Book Description
K.S.A. 65-4321, as amended by L. 1984, Ch. 244, prohibits the renewal of a temporary certificate issued pursuant to its terms. The statute does not prohibit the issuance of temporary certificates to persons who have held temporary certificates in the past but who do not presently hold such certificates. The absence of such a prohibition and the overriding public interest in the adequacy of emergency medical services in a certain area of Doniphan County compels the conclusion that temporary certificates may be issued to certain ambulance attendants who have held such certificates in the past but who do not presently hold such a certificate. The issuance of temporary certificates must be in compliance with the requirements of K.S.A. 65-4321,: as amended, and no such certificate may issue to a person who is not enrolled in or who will not be enrolled in the course of instruction necessary to become a certified attendant under Kansas law. Cited herein: K.S.A. 65-431 as amended by L. 1984, Ch. 244; K.S.A. 1983 Supp. 65-4326; K.S.A. 48-925; 48-932.

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

View

Book Description
K.S.A. 75-5353 prohibits a person from engaging in the private practice of social work [as that term is defined by K.A.R. 1984 Supp. 102-2-1(b)] unless he or she is a licensed master social worker and has had two years experience. As adoption assessments under K.S.A. 59-2278(c) as amended are to be performed by a "licensed" social worker, such assessments could be made either by a social worker in private practice under K.S.A. 75-5353, or by a social worker employed by the court or another employer. If the latter situation exists, the social worker is not self-employed and does not have to meet the requirements of K.S.A. 75-5353. Cited herein: K.S.A. 59-2278, as amended by 1985 Senate Bill No. 69; 75-5347; 75-5351; 75-5353; K.A.R. 1984 Supp. 102-2-1.

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

View

Book Description
As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

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

View

Book Description
K.S.A. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.

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

View

Book Description
The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

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

View

Book Description
A municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.

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

View

Book Description
K.S.A. 1984 Supp. 25-2108a(b) prescribes the conditions under which a city utilizing non-partisan elections must hold a primary election. The statute on its face is uniformly applicable to all cities, and is contained in an act (L. 1982, ch. 157) which is also uniform. K.S.A. 25-2113, which is contained in a different act, sets forth a general rule for non-partisan city elections, but also contains a provision for partisan city elections in Johnson County. The inclusion of this provision renders K.S.A. 25-2113 non-uniform, and thereby subject to a charter ordinance under a city's home rule authority. However, in the absence of such an ordinance which would allow partisan elections, the general provisions of K.S.A. 1984 Supp. 25-2108a concerning primary elections continue to apply. To the extent it is inconsistent with this opinion, Attorney General Opinion No. 78-49 is superseded. Cited herein: K.S.A. 1984 Supp. 25-2108a, K.S.A. 25-2113, Kan. Const. Art. 12, section 5.

Author: Curt Thomas Schneider
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
Proposed Rule 18, being considered for adoption by the Joint Committee on Special Claims against the State, regulating the compensation paid by claimants to attorneys and other persons representing such claimants before the Committee, goes beyond the authority of the Committee to adopt rules governing its own procedures. Any such regulatory authority must be exercised by valid and constitutional legislative enactment rather than by committee rules which govern only the parliamentary and procedural conduct of business before the Committee.

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

View

Book Description
The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.

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

View

Book Description
Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.