Case law

Opinion No.

Arkansas Attorney General Reports · Jan 23, 2006

hence qualifying the contract as a "county interlocal agreement." … If my reading of this statute is correct, your proposed agreement may well not be subject to my approval despite the fact that it clearly calls for a "permanent or perpetual" relationship as that term is statutorily defined

Opinion No.

Arkansas Attorney General Reports · Apr 9, 2008

PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR SHORT-TERM, NONCASH, IN-KIND EMERGENCY DISASTER RELIEF; PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR PUBLIC HEALTH ASSISTANCE FOR IMMUNIZATIONS … The proposed act does not define "qualified alien," nor is the term separately defined in the Immigration and Nationality Act.

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2011

However, in my opinion, assuming certain qualified voters cast their votes in a polling place *Page 2 outside the district, those votes would clearly be valid and the election would not be void. … particular voter is indeed qualified to vote in a particular election, and I believe the vote of a qualified voter should be counted irrespective of where it was cast in a manner approved by the election commission.

Opinion No.

Arkansas Attorney General Reports · Apr 6, 2006

In my opinion, under Arkansas law, a public school district cannot in effect establish its own law enforcement agency by employing individuals qualified to serve as "law enforcement officers" by having completed the training … Accordingly, even if an individual were qualified to serve as a "law enforcement officer" by virtue of having completed the training program established by the Arkansas Commission on Law Enforcement Standards and Training

Opinion No.

Arkansas Attorney General Reports · Mar 9, 2006

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … In the present case, the paramount public interest would appear to be to establish that the most qualified applicant was actually hired.

Opinion No.

Arkansas Attorney General Reports · Jun 24, 2005

Similarly, your measure does not detail how candidates for commissioner will qualify for the ballot. … Questions will arise under your proposal as soon as 2009 as to how the candidates for the first commissioner opening will qualify for the ballot.

Opinion No.

Arkansas Attorney General Reports · Nov 26, 1990

The established, fixed, permanent, or ordinary dwelling-place or place of residence of a person, as distinguished from his temporary and transient, though actual, place of residence. … The court thus held that she was clearly ineligible to serve on the school board. At issue in the Cummings case was not a dual residence.

Opinion No.

Arkansas Attorney General Reports · Mar 9, 1988

One potential defense to an antitrust claim centers upon the "state action immunity" doctrine. Parker v. Brown, 317 U.S. 341 (1943). … It must be initially recognized that the county's specific grant of authority to establish medical services under A.C.A. 20-13-301 et seq., extends to emergency services.

Opinion No.

Arkansas Attorney General Reports · Sep 13, 2001

It is well established under Arkansas law that a court will give considerable deference to a board's interpretation of a statutorily undefined term and generally will uphold that interpretation unless it is clearly wrong. … Finally, I believe the Board has considerable discretion to determine what category of training would qualify as "core hours" — subject, of course, to the condition that the Board's interpretation of this term cannot be clearly

Opinion No.

Arkansas Attorney General Reports · Mar 10, 2003

The ordinance establishing the commission exercises authority found at Ark. … It clearly applies to persons holding elective offices (i.e., those" elected"), and also to persons "appointed to fill a vacancy."

Opinion No.

Arkansas Attorney General Reports · Jun 30, 2009

I believe the answer to your second question is likewise "no" if you mean to ask whether a county might by ordinance establish exemptions from the bidding requirements that apply under *Page 2 state law. … The condition set forth in A.C.A. § 14-22-104 (2) clearly qualify as a "general law of the state," meaning that a quorum court may not amend or qualify this condition by local ordinance.

Opinion No.

Arkansas Attorney General Reports · Mar 1, 2007

As your request suggests, the question just posed clearly implicates the provisions of Amendment 33, which provides in pertinent part: § 2. Abolition or transfer of powers of board or commission — Restrictions. … To be sure, various statutes invest in an institution's board the authority to establish tuition policy.

Opinion No.

Arkansas Attorney General Reports · Sep 26, 2006

Att'y Gen. 87-340 (stating that "amendment [32] establishes a ceiling of one mill as the maximum rate that may be levied on taxable real and personal property to this end"). … In addition, in my opinion, the clearly applicable provisions of Section 3, with its one-mill limitation, may not be skirted by an attempted levy of an "additional" one mill under a duplicate application of the provisions

Opinion No.

Arkansas Attorney General Reports · Mar 2, 1990

Established rules of statutory construction dictate that legislative intent must be discerned from the language employed if a statute is clear and unambiguous on its face. Mourot v. … Exempting the resident auctioneer from the written examination by virtue of a "grandfather clause," but requiring the nonresident who is equally qualified, to take the exam, is in my opinion a classification based solely

Opinion No.

Arkansas Attorney General Reports · Sep 26, 2001

The legislative intent underlying this statute is clearly to encourage the station owner to keep his business located in Arkansas. … Const. art. 2 , § 18 (prohibiting the legislature from granting any "citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens"), and U.S.

Opinion No.

Arkansas Attorney General Reports · Mar 28, 2000

That is, the Program clearly has a secular purpose. … As indicated, this issue can only be determined by a qualified finder of fact.

Opinion No.

Arkansas Attorney General Reports · Nov 9, 2007

I will note initially that the parties to the agreement clearly qualify as "public agencies" — a term the Arkansas Code defines in pertinent part as follows: "Public agency" means . . . any political subdivision of this state … In addition, if the interlocal agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, it must specify the following items: (1) The provision for an administrator or a joint board

Opinion No.

Arkansas Attorney General Reports · Sep 25, 2008

I cannot state that the ADE's interpretation of the laws and its licensure regulations is clearly wrong. … of Community Correction are by this subchapter designated as a qualified school district to be known as the "Corrections School System".

Opinion No.

Arkansas Attorney General Reports · Jun 1, 2007

Given this statutory grant to a commission of the state's sovereign authority, I believe a commissioner clearly qualifies as an officer. … . § 7-1-101 (21) clearly indicates that he must.

Opinion No.

Arkansas Attorney General Reports · Jul 12, 2001

For example, in Jonesboro, seven new election zones have been established. … (d)(1)(A) A candidate for election from a single-member zone must be a qualified elector and a resident of the zone.