Author: Robert T. Stephan
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Languages : en
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The Kansas board of hearing aid examiners is authorized to provide a reciprocal license to one licensed in another state upon a finding that the other state has licensure requirements equivalent to or higher than those imposed by Kansas. For reasons discussed herein, the standard imposed by statute requires the board to make the determination on an individual basis. Cited herein: K.S.A. 74-5811; 74-5813; 74-5814.
Author: Robert T. Stephan
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Languages : en
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The application affidavit provisions of 1994 senate bill no. 459 do not require notarization if an unsworn written declaration, subscribed under penalty of perjury, in substantially the form required by K.S.A. 1993 Supp. 53-601 is given in lieu of a sworn affidavit. Cited herein: K.S.A. 1993 Supp. 53-502; 53-601; K.S.A. 54-101; 54-105; 1994 S.B. No. 459.
Author: Robert T. Stephan
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Languages : en
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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Author: Robert T. Stephan
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Languages : en
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The Pooled Money Investment Board (PMIB) is authorized pursuant to K.S.A. 1993 Supp. 75-4209 as amended by L. 1994, ch. 105 to enter into a liquidity agreement with the Kansas department of transportation (KDOT) whereby the PMIB would act as "liquidity provider" in connection with a proposed adjustable tender highway revenue bond issue of KDOT. The PMIB has statutory authority to invest in KDOT bonds as an investment of eligible state moneys pursuant to K.S.A. 1993 Supp. 75-4209(a)(2)(C) as amended by L. 1994, ch. 105, sec. 4. Cited herein: K.S.A. 1993 Supp. 75-4209, as amended by L. 1994, ch. 105, sec. 4.
Author: Robert T. Stephan
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Languages : en
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The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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Languages : en
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Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.
Author: Robert T. Stephan
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Languages : en
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The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
Author: Robert T. Stephan
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Languages : en
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Receipts collected upon admission to school-sponsored competitions or events such as athletic or music competitions are moneys of a unified school district. Deposits and expenditures of such receipts must comply with the procedures set forth in K.S.A. 12-105b and 72-8002d. Cited herein: K.S.A. 9-1401; 12-105a; 12-105b; K.S.A. 1993 Supp. 21-3910; K.S.A. 72-1033; K.S.A. 1993 Supp. 72-5390; K.S.A. 72-8202d.
Author: Robert T. Stephan
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Languages : en
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Law enforcement authorities are not required to obtain fingerprints from a person who is given a notice to appear for a municipal ordinance violation which would be the equivalent of a class A or B misdemeanor under state law. However, at that person's first court appearance or at some point before final disposition of the matter, it is the court's responsibility to ensure that fingerprints have been secured. Cited herein: K.S.A. 12-4113; K.S.A. 1993 Supp. 21-2501.
Author: Robert T. Stephan
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Languages : en
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Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
