Case law

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2001

Given your latest question, I will qualify my earlier conclusion to the extent of opining that if the pending action qualifies as what you have designated a " county " misdemeanor prosecution — i.e., a prosecution for a misdemeanor … The exercise of its discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest. United States v.

Opinion No.

Arkansas Attorney General Reports · Jun 27, 2005

Nothing is taken as intended that is not clearly expressed. State ex rel. Sargent v. Lewis, 335 Ark. 188 , 979 S.W.2d 894 (1998). … (b) The alternative learning environment required by this section may be established by more than one (1) school district or may be operated by a public school educational cooperative established under § 6-13-901 et seq.

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2001

(establishing and defining the operations of the School for the Deaf and the School for the Blind); Ark. Op. Att'y Gen. … The legislation clearly provides for the consolidation, on the one hand, of the Arkansas School for the Deaf and the Arkansas Institution for Advocacy for the Deaf and, on the other, of the Arkansas School for the Blind and

Opinion No.

Arkansas Attorney General Reports · May 8, 2006

Your constituent also states that "TCPN offers commodity contracts to participating agencies that have been established through open competition as prescribed by the laws of the State of Texas." … A competitive process such as that utilized by TCPN would clearly contravene Arkansas law in this respect.

Opinion No.

Arkansas Attorney General Reports · Jan 18, 2008

. § 19-11-902 (b)(5) (Supp. 2007) (defining an "ordering office" as being "any state department, independent establishment, board, commission bureau, service, or division of state government and any wholly owned state corporation … Const. amend. 55 , § 3 setting forth the powers of the county judge, clearly empowers the county judge to contract on behalf of the county, subject initially to the constitutional restriction discussed above.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1999

However, the general rule of disclosure under the FOIA is qualified by A.C.A. § 25-19-105 (a), which provides for disclosure of all public records "[e]xcept as otherwise specifically provided by this section or by laws specifically … Any Act of Congress "is to be presumed to be a constitutional exercise of legislative power until the contrary is clearly established." Close v. Glenwood Cemetery, 107 U.S. 475 (1883); accord I.N.S. v.

Opinion No.

Arkansas Attorney General Reports · Oct 25, 2004

It has been stated that the last-cited case: . . . reviewed the Arkansas case law and statutory authority which established the premise by which assessment statutes and methods must be measured. … The rents on the units are limited to a percentage of qualifying income.

Opinion No.

Arkansas Attorney General Reports · Aug 28, 2003

In my opinion, read together, these statutes and constitutional provisions clearly authorize a county to contract for the collection of delinquent taxes. … payments received under a contract as provided for in this section shall be collected at the same time and in the same manner as all other property tax payments, and no payments shall be collected after the last payment day established

Opinion No.

Arkansas Attorney General Reports · Apr 17, 2009

App. 66 , 884 S.W.2d 629 (1994)."). 2 *Page 4 Given that there appears to be no jurisdictional issue, I will proceed to address the question of whether a failure to appear would qualify as a Class C felony or a Class A misdemeanor … *Page 5 hearing the defendant failed to attend was clearly not called to "answer a charge of felony" as contemplated in A.C.A. § 5-54-120 (b).

Opinion No.

Arkansas Attorney General Reports · Aug 11, 2000

This broad prohibition, however, is qualified. … In the present case, the use of excerpts as highlights would clearly be of a commercial nature.

Opinion No.

Arkansas Attorney General Reports · Sep 25, 2003

This ordinance clearly authorizes a tax on caterers. … Clearly, both the city in which a catering business is located, and the cities in which it hosts events, receive a benefit from that caterer's business.

Opinion No.

Arkansas Attorney General Reports · Sep 1, 1999

The "Petroleum Storage Tank Trust Fund" is established at A.C.A. § 8-7-904 (Supp. 1999). … First, it does not appear clearly that Act 1464, § 22 amends or extends A.C.A. § 8-7-905 . A construction issue is present, in my opinion, as to whether A.C.A. § 8-7-905 (d)(2) includes the payment of personnel costs.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2004

My conclusion is also supported by certain well-established principles of statutory interpretation. … qualified psychologist.

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2005

The referenced "recommendation" would qualify as such only if it took the form of a suggestion made by the superintendent to the board regarding job action against the employee. … In my opinion, any such detailed recommendation would be analogous to a complaint in a judicial action, merely anticipating what will be alleged and what will remain to be established at the eventual hearing.

Opinion No.

Arkansas Attorney General Reports · Dec 21, 2004

. § 25-19-105 (c)(2) establishes that these records would be subject to disclosure to you from your own file even if the other employee might have been able to avoid their disclosure to a member of the public. See Ark. … A.C.A. § 25-19-105 (b)(2). 1 If requested by someone other than an employee seeking access to his own personnel or evaluations records, such education records are clearly exempt from disclosure under A.C.A. § 25-19-105 (b

Opinion No.

Arkansas Attorney General Reports · Oct 31, 1989

It provides: None of the rates for property, excise, privilege or personal taxes, now levied shall be increased by the General Assembly except after the approval of the qualified electors voting thereon at an election, or … The Morley case also represents established precedent for the proposition that "rate of tax" is not to be construed synonymously with "amount of tax".

Opinion No.

Arkansas Attorney General Reports · Mar 15, 2001

It is clearly established that" although the General Assembly cannot delegate its power to make a law, it can make a law and prescribe the condition upon which it may become operative." Leathers v. … various "affirmation statutes" — i.e., statutes that oblige merchants to affirm that for a specified period of time they will not exceed out-of-state retail liquor prices — the Supreme Court appears to have significantly qualified

Opinion No.

Arkansas Attorney General Reports · Dec 18, 2007

As noted above, there are two separate statutory schemes for establishing an A P Commission. … Att'y Gen. 2007-055 that addresses the question of whether an A P Commissioner must be a qualified elector of the city that establishes the commission.

Opinion No.

Arkansas Attorney General Reports · Jul 31, 2001

He was dismissed from his job because he failed to qualify for a certificate showing that he was a member of the church and eligible to attend its temples. … This is a determination that is clearly outside the purview of the state. Thomas v. Review Bd., Ind. Empl. Sec. Div., 450 U.S. 707 (1981). Indeed, the U.S.

Opinion No.

Arkansas Attorney General Reports · Oct 10, 1995

As noted above, the Ordinance clearly defines the vehicles with which it is concerned as those having, among other things, engines that displace 50 or fewer cubic centimeters. … whether the City may lawfully enforce the provisions of the Ordinance relating to the operation of mopeds, three-wheeled vehicles, and similar vehicles within the City against the operators of such vehicles rented from establishments