Attorney General Opinion No. 1993-010 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Based on available legislative history, in our opinion the intent of the legislature's 1992 amendments was to give limited retroactive effect to the eligibility provisions of the Kansas storage tank act, K.S.A. 65-34,119, and K.S.A. 65-34,119a. Given that premise, it follows that a broad interpretation of the secretary's discretion must be given regarding the conditions of eligibility as found in K.S.A. 65-34,119(a)(7) (secretary's approval of proposed corrective action plan) and K.S.A. 65-34,118 (secretary's authority to waive three bid requirement upon finding of good faith effort). Cited herein: K.S.A. 65-34,100; 65-34,118; 65-34,119; 65-34,119a; K.S.A.1991 Supp. 65-34,118; 65-34-119.
Author: Robert T. Stephan
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Languages : en
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Book Description
Based on available legislative history, in our opinion the intent of the legislature's 1992 amendments was to give limited retroactive effect to the eligibility provisions of the Kansas storage tank act, K.S.A. 65-34,119, and K.S.A. 65-34,119a. Given that premise, it follows that a broad interpretation of the secretary's discretion must be given regarding the conditions of eligibility as found in K.S.A. 65-34,119(a)(7) (secretary's approval of proposed corrective action plan) and K.S.A. 65-34,118 (secretary's authority to waive three bid requirement upon finding of good faith effort). Cited herein: K.S.A. 65-34,100; 65-34,118; 65-34,119; 65-34,119a; K.S.A.1991 Supp. 65-34,118; 65-34-119.
Author: Robert T. Stephan
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Languages : en
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A county commissioner may not be appointed to serve as a member of the district judicial nominating commission. Cited herein: K.S.A. 20-2905, K.S.A. 1993 Supp. 20-2906.
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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The cash basis and budget laws apply only to subdivisions of the state authorized by law to raise money by taxation. A board of directors of a city library established pursuant to K.S.A. 12-1219 et seq. has no authority to raise money by tax; therefore, the fiscal affairs of such board are not subject to either the cash basis or budget laws. Cited herein: K.S.A. 10-1101; 10-1102; 10-1103; 10-1113; 12-1219; 12-1220; 12-1225; 79-2925.
Author: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).
Author: Robert T. Stephan
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Languages : en
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In board of tax appeals proceedings conducted in accordance with the Kansas administrative procedures act, artificial parties such as counties and corporations may participate through a duly authorized representative such as the county appraiser or a corporate officer unless and until the board requires artificial parties to participate by counsel. While a duly authorized representative may participate in the proceedings, a non-attorney representative may not engage in the unauthorized practice of law and therefore may not examine witnesses, file pleadings, make legal arguments, or perform other functions deemed to be the practice of law. Individual taxpayers may participate in person or through an attorney authorized to practice law in this state, but may not be otherwise represented as such would constitute the unauthorized practice of law. Cited herein: K.S.A. 19-101; 74-2426; 74-2438; 77-515; K.S.A. 1992 Supp. 79-213; 79-1489; 79-2005, as amended by L. 1993, ch. 239, sec. 1; K.A.R. 92-2-10.
Author: Robert T. Stephan
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Languages : en
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The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.
Author: Robert T. Stephan
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Languages : en
Pages :
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A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. Cited herein: K.S.A. 12-1001; 12-1003; 12-1005e, 12-1006; 12-1007; 12-1017; 13-1501; 13-1801; 13-1802; 13-1804; 13-1805; 13-1806; 13-1807; 13-1808; 13-1810; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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Languages : en
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.
Author: Robert T. Stephan
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Languages : en
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Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
