Attorney General Opinion No. 1992-007 PDF Download
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Author: Robert T. Stephan
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When granting a license to practice psychology, the behavioral sciences regulatory board does not have the authority to designate an "area of emphasis" as a restriction or limitation of that license. Accordingly, K.A.R. 102-1-10(b)(4) is void and unenforceable as it exceeds the board's statutory authority. Cited herein: K.S.A. 1990 Supp. 74-5302; 74-5310.
Author: Robert T. Stephan
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Languages : en
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When granting a license to practice psychology, the behavioral sciences regulatory board does not have the authority to designate an "area of emphasis" as a restriction or limitation of that license. Accordingly, K.A.R. 102-1-10(b)(4) is void and unenforceable as it exceeds the board's statutory authority. Cited herein: K.S.A. 1990 Supp. 74-5302; 74-5310.
Author: Robert T. Stephan
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Languages : en
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The Kansas open records act (KORA) declares that public records are generally open to the public unless mandatorily or permissibly closed by law. A diversion agreement entered into by the city prosecutor and a first-time DUI offender is a public record for purposes of the KORA. There is no express language in the municipal diversion statutes to make the terms of diversion agreements confidential. Further, there is no exception applicable to DUI diversion agreements under K.S.A. 1992 Supp. 45-221. The DUI diversion agreements are not criminal history record information, which generally is closed to the public, according to the definition in K.S.A. 1992 Supp. 22-4701. Therefore, DUI diversion agreements maintained by public agencies are public records which must be disclosed upon request. Cited herein: K.S.A. 8-1567, as amended by L. 1992, ch. 298 sec. 1 and as amended by L. 1993, ch. 259, sec. 8; K.S.A. 12-4413; 12-4415; 12-4416; 12-4418; K.S.A. 1992 Supp. 22-4701; 22-2911, as amended by L. 1993, ch. 166, sec. 3; 45-217; 45-221; K.S.A. 65-2422; 74-2012.
Author: Robert T. Stephan
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The Kansas Commission on Civil Rights may impose reasonable personnel rules upon its employees, but any such rule may not unreasonably limit a fundamental right of a public employee. The Commission may, in circumstances justifying the same, dismiss an attorney or hearing examiner for violation of a reasonable and constitutional personnel rule, relating to conflict of interest, adopted by the Commission. Cited herein: K.S.A. 1980 Supp. 75-2949(1); K.A.R. 1980 Supp. 1-9-1 and 1-10-1(a); U.S. Const., Amend. I.
Author: Robert T. Stephan
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Declaration of a party affiliation is an extension of registering to vote. Declaration of a party affiliation may be conducted only by the county election officer and deputy election officers at places designated by the county election officer. Cited herein: K.S.A. 1991 Supp. 25-2311, as amended by L. 1992, ch. 194, sec. 6; K.S.A. 25-3301; 25-3303; K.S.A. 1991 Supp. 25-3304; 25-3306; L. 1968, ch. 406.
Author: Robert T. Stephan
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K.S.A. 1984 Supp 8-1341a provides that speeding convictions for traveling not more than 10 miles per hour in excess of the 55 miles per hour speed limit shall not be part of the public record and shall not be considered by any insurance company in establishing rates for an automobile liability insurance policy or cancelling such coverage. However, the statute does not have the effect of closing any other records concerning arrests, issuance of citations or judicial proceedings. While K.S.A. 1984 Supp. 74-2012(b)(1) and (2) permit the release of information by the division of vehicles or a law enforcement agency to insurers who are processing applications for, or renewing or cancelling, motor vehicle liability insurance policies, such a release involves only information in the public record. As information concerning the convictions specified in K.S.A. 1984 Supp. 8-1341a is not part of the public record, it is not subject to being released under the provisions of K.S.A. 1984 Supp. 74-2012. Cited herein: K.S.A. 8-1001, K.S.A. 1984 Supp. 8-1341a, 21-3914, 45-217, 45-221, 74-2012.
Author: Robert T. Stephan
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A law enforcement officer acting within the scope of employment who arrests the "primary aggressor" pursuant to a written agency policy regarding domestic violence calls adopted pursuant to K.S.A. 1991 Supp. 22-2307 is not liable for damages resulting from the enforcement of such policy. In addition, the administrative judge may appoint law enforcement officers as process servers for purposes of serving protection from abuse documents. The plaintiff in a protection from abuse case may be considered an agent of the clerk for purposes of delivering appropriate documents to an appointed process server. Cited herein: K.S.A. 21-3721; K.S.A. 1991 Supp. 22-2307; 22-2308; 60 - 303; 60-3101; 60-3104; 60-3105; 60-3106; 60-3107.
Author: Robert T. Stephan
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A city police officer is not entitled to a witness fee for appearing in district court on behalf of the state when the district court is in a city other than the one where the officer is employed, but still within the same county. To the extent it conflicts with the principles stated herein, Attorney General Opinion No. 75-266 is withdrawn. Cited herein: K.S.A. 28-126.
Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
