Legal Opinion

Hemphill v. Kansas Department of Revenue

Supreme Court of Kansas

Decided October 27, 2000No. 83,536, 83,584PublishedCited by 22 opinions

1Opinion of the Court

The opinion of the court was delivered by

Six, J.:

This appeal concerns the Kansas Department of Health and Environment’s (KDHE) responsibility to file administrative rules or regulations or any document adopted by such rules or regulations with the office of the Secretary of State under K.S.A. 77-416. At issue is KDHE’s failure to file the manufacturer’s operating manual for the equipment (a breathalyzer) used in administering breath alcohol tests. The failure to file issue is brought to us by Kelly Hemphill and Solomon Buettgenbach (the drivers) who were arrested for driving while under the…

2Cases cited6 opinions

  1. State v. StrakaWashington Supreme Court · 1991
  2. State v. GartheSupreme Court of New Jersey · 1996
  3. Bruns v. Kansas State Board of Technical ProfessionsSupreme Court of Kansas · 1994
  4. Hickman Trust v. City of Clay CenterSupreme Court of Kansas · 1999
  5. City of Wichita v. McDonald's Corp.Supreme Court of Kansas · 1999

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. Smith-ParkerSupreme Court of Kansas · 2014
  2. State v. KirkpatrickSupreme Court of Kansas · 2008
  3. Miller v. State Department of Social & Rehabilitation ServicesSupreme Court of Kansas · 2003
  4. State v. ErnestiSupreme Court of Kansas · 2010
  5. State v. BurhansSupreme Court of Kansas · 2004

17 more not listed; retrieve them via the Exa API.

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