Attorney General Opinion No. 1985-116 PDF Download
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Author: Robert T. Stephan
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A contract executed pursuant to K.S.A. 72-970 by the secretary of social and rehabilitation services and Unified School District #273, which does not specifically provide that the secretary shall reimburse the district for contributions to an early retirement incentive program set up by the district pursuant to K.S.A. 72-5395, does not require the secretary to make such contributions for the benefit of teachers for whose services the secretary has contracted. Cited herein: K.S.A. 1984 Supp. 39-708c, as amended by L. 1985, ch. 114, section 24; K.S.A. 72-967; 72-970; 72-5395; 72-5396.
Author: Robert T. Stephan
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Languages : en
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A contract executed pursuant to K.S.A. 72-970 by the secretary of social and rehabilitation services and Unified School District #273, which does not specifically provide that the secretary shall reimburse the district for contributions to an early retirement incentive program set up by the district pursuant to K.S.A. 72-5395, does not require the secretary to make such contributions for the benefit of teachers for whose services the secretary has contracted. Cited herein: K.S.A. 1984 Supp. 39-708c, as amended by L. 1985, ch. 114, section 24; K.S.A. 72-967; 72-970; 72-5395; 72-5396.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1985 Supp. 8-116a provides for the assignment of a new VIN to vehicles that have been assembled or restored, or upon which the proper identification number is in doubt. The vehicle is checked for stolen parts; if none are found, a new VIN is assigned and the vehicle returned to its owner in accordance with the procedure outlined. If there is evidence of fraud, the vehicle must be seized and disposed of as mandated by K.S.A. 1985 Supp. 8-116 and K.S.A. 22-2512. However, the forfeiture provisions of K.S.A. 1985 Supp. 8-116 and K.S.A. 22-2512 do not authorize an e̲x̲ p̲a̲r̲t̲e̲ destruction or sale of private property without some compliance with due process requirements of notice and an opportunity to be heard. For this reason, the disposition of vehicles under K.S.A 1985 Supp. 8-116 must be determined in an in̲ r̲e̲m̲ proceeding filed by the state. Cited herein: K.S.A. 1985 Supp. 8-116; 8-116a; K.S.A. 22-2512; 74-2135.
Author: Robert T. Stephan
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Languages : en
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Physicians' assistants and advanced registered nurse practitioners may not originate a prescription order, as they are not practitioners within the meaning of the pharmacy act. However, these health care providers may transmit prescription orders pursuant to written protocols. The transmitted order is a prescription order as defined by the pharmacy act. An order may be transmitted through a note written by the health care provider, and the signature of that person is neither required nor prohibited by the pharmacy act. The pharmacist may refuse to fill the prescription if, in the pharmacist's professional judgment and discretion, it is believed that the prescription should not be filled. Cited herein: K.S.A. 65-1129; 65-1130 (Ensley 1985); K.S.A. 65-1130, as amended by L. 1989, ch. 192, section 1; K.S.A. 65-1626 (Ensley 1985); K.S.A. 1988 Supp. 65-1626, as amended by L. 1989, ch. 192, section 2; K.S.A. 1988 Supp. 65-1637(a), 65-2896e; K.S.A. 65-4101; L. 1989, ch. 192, section 1; L. 1986, ch. 236, section 1; K.A.R. 60-11-104; 60-11-104a; 68-20-18; 21 C.F.R. section 1306.05.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.
Author: Robert T. Stephan
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The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.
Author: Robert T. Stephan
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Languages : en
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Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.
Author: Robert T. Stephan
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Pursuant to K.S.A. 1979 Supp. 72-1106(e), local boards of education possess the authority to employ non-certificated personnel to supervise students participating in any activity which is not a part of a subject or course of instruction included in the school's formal curriculum. Cited herein: K.S.A. 1979 Supp. 72-1106.
Author: Robert T. Stephan
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No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.
Author: Robert T. Stephan
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A city personnel policy which prohibits a police officer from becoming a candidate for board member of a unified school district within the city is justified by the city's compelling interest in maintaining the integrity of its police department, and is constitutional as applied to prohibit the candidacy of a police captain. Cited herein: U.S. Const., First Amendment.
Author: Robert T. Stephan
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The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.
