Attorney General Opinion No. 1989-094

Attorney General Opinion No. 1989-094 PDF Author: Robert T. Stephan
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Languages : en
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A community college is authorized to charge out-district tuition for each student attending a satellite facility of that community college when the student resides in a district other than the community college district, provided there is no other community college located within the same district as the satellite facility. Out-district tuition charged to the county of residence of a student is a distinct fee from that charged to the student. Cited herein: K.S.A. 1988 Supp. 71-301, 71-609; K.S.A. 1988 Supp. 71-701(c).

Attorney General Opinion No. 1990-094

Attorney General Opinion No. 1990-094 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 1989 Supp. 41-410 does not require an administrative proceeding to determine whether reasonable cause exists for the termination of a franchise agreement. However, should the director of the division of alcoholic beverage control make a finding that a termination was made without reasonable cause, he is authorized to take appropriate action against the licensee for violation of the liquor control act. Cited herein: K.S.A. 1989 Supp. 41-210; 41-320; 41-328; 41-328a; 41-410; K.A.R. 14-16-15.

Attorney General Opinion No. 1989-064

Attorney General Opinion No. 1989-064 PDF Author: Robert T. Stephan
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Languages : en
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Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.

Attorney General Opinion No. 1989-015

Attorney General Opinion No. 1989-015 PDF Author: Robert T. Stephan
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Languages : en
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Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.

Attorney General Opinion No. 1989-032

Attorney General Opinion No. 1989-032 PDF Author: Robert T. Stephan
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Languages : en
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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.

Attorney General Opinion No. 1990-084

Attorney General Opinion No. 1990-084 PDF 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.

Opinions of the Attorney General of California

Opinions of the Attorney General of California PDF Author: California. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 392

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Attorney General Opinion No. 1992-094

Attorney General Opinion No. 1992-094 PDF Author: Robert T. Stephan
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Languages : en
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In domestic violence calls, when a law enforcement officer has probable cause to believe a crime is being committed or has been committed, the officer is required to arrest the offender and may not simply issue a ticket with a notice to appear in court. Cited herein: K.S.A. 1991 Supp. 22-2202; 22-2307; K.S.A. 22-2401.

Attorney General Opinion No. 1989-111

Attorney General Opinion No. 1989-111 PDF Author: Robert T. Stephan
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Languages : en
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Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.

Attorney General Opinion No. 1988-094

Attorney General Opinion No. 1988-094 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 1987 Supp. 79-1482 permits a tax levy in order to fund the costs of conducting the countywide reappraisal program in compliance with the act. In order to comply with the act, certain costs and activities will necessarily occur after the year 1989. Thus, K.S.A. 1987 Supp. 79-1482 authorizes and permits a levy to be made in years subsequent to 1989. Cited herein: K.S.A. 19-436; K.S.A. 1987 Supp. 79-1482; 79-1476.