Attorney General Opinion No. 1980-116 PDF Download
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Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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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: Vern Miller
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Languages : en
Pages : 2
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"You advise that ... the city council of Hill City has before it a bond ordinance, which was approved by a vote of four council members. The mayor was absent, and one of the council members was "acting mayor." ... After the ordinance was approved, both the mayor and the person acting in his stead refused to sign the ordinance. The councilmen who voted for it chose to publish it in the official newspaper with their names, and without the name of the mayor. You inquire whether the signature of the mayor is necessary to give the ordinance validity."
Author: Robert T. Stephan
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Languages : en
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Municipal airport property may be leased only for those purposes "directly or incidentally and necessarily required for the successful and proper operation" of the airport, and cannot be leased for commercial ventures unrelated to aviation purposes. (Affirming Attorney General Opinion No. 75-402.) Cited herein: K.S.A. 1980 Supp. 3-113, K.S.A. 3-116.
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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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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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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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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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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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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The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.
