Attorney General Opinion No. 1980-236 PDF Download
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Author: Robert T. Stephan
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Languages : en
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K.S.A. 1979 Supp. 16a-2-302 prescribes the method by which applicants for the status of supervised lenders shall be assessed investigation and license fees. Investigation fees are intended to cover expenses incurred by the Consumer Credit Commissioner in examining the financial responsibility, character and fitness of the applicant, and accordingly do not depend on the number of the applicant's business locations. License fees, however, are paid for each license held, with such licenses required for each place of business operated by the applicant. As such licenses are nontransferrable and nonassignable, new ones are required whenever the identity of the person operating under such licenses changes. Likewise, new investigation fees must be assessed if additional inquiries into the financial responsibility, character and fitness of the new applicant are needed. Cited herein: K.S.A. 16a-2-301, K.S.A. 1979 Supp. 16a-2-302, 16a-6-104.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1979 Supp. 16a-2-302 prescribes the method by which applicants for the status of supervised lenders shall be assessed investigation and license fees. Investigation fees are intended to cover expenses incurred by the Consumer Credit Commissioner in examining the financial responsibility, character and fitness of the applicant, and accordingly do not depend on the number of the applicant's business locations. License fees, however, are paid for each license held, with such licenses required for each place of business operated by the applicant. As such licenses are nontransferrable and nonassignable, new ones are required whenever the identity of the person operating under such licenses changes. Likewise, new investigation fees must be assessed if additional inquiries into the financial responsibility, character and fitness of the new applicant are needed. Cited herein: K.S.A. 16a-2-301, K.S.A. 1979 Supp. 16a-2-302, 16a-6-104.
Author: Robert T. Stephan
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Languages : en
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The State Board of Education lawfully may adopt rules and regulations governing the certification of teaching, administrative and other supportive personnel in unified school districts, relying upon its constitutional authority and disregarding any statutory authority or lack thereof. The legislature may not prescribe, amend, modify, or otherwise alter the content of such rules and regulations. Although the procedures prescribed in K.S.A. 77-415 e̲t̲ s̲e̲q̲. do not apply to regulations issued by the State Board of Education pursuant to the authority possessed by the State Board under Article 6, Section 2(a) of the Kansas Constitution, the State Board would be well advised to adopt similar procedures in order to provide adequate notice and opportunity for hearing. Cited herein: K.S.A. 1980 Supp. 77-415 (as amended by L. 1981, ch. 365, section 1), K.S.A. 1980 Supp. 77-421 (as amended by L. 1981, ch. 324, section 33), Kan. Const., Art. 2, section 1, Art. 6, sections 1, 2.
Author: Curt Thomas Schneider
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Languages : en
Pages : 2
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1) Receipt and use of money obtained through the G.I. Bill for educational purposes does not conflict with K.S.A. 74-2113 if the superintendent of the Highway Patrol authorizes said activities through written permission. 2) Receipt and use of money obtained through Law Enforcement Education Program for educational purposes does not conflict with K.S.A. 74-2113 if the superintendent of the Highway Patrol authorizes receipt of said funds through written permission.
Author: Robert T. Stephan
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Languages : en
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In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.
Author: Robert T. Stephan
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Languages : en
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A fundamental right of every creditor is that of set-off. Thus, where the State of Kansas and another party are mutually-indebted for liquidated amounts, the state as a creditor may exercise such right of set-off. The exercise of such right does not compromise the integrity of the appropriation process. The director of accounts and reports is both impliedly and explicitly empowered by statute to exercise the right of set-off in the state's behalf. However, because requisite "state action" exists, such right must be exercised in consonance with the dictates of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Affirming Attorney General Opinion No. 75-408, but modifying Attorney General Opinion No. 78-297. Cited herein: K.S.A. 75-3731; L. 1980, ch. 260, section 1; Kan. Const., Art. 2, section 24; 20 U.S.C.A. section 1232g; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).
Author: Robert T. Stephan
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Languages : en
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Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.
Author: Robert T. Stephan
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Languages : en
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A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.
Author: Robert T. Stephan
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Languages : en
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The provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.
Author: Robert T. Stephan
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Languages : en
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Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.
