Case law

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 · Mar 23, 2005

RESPONSE In my opinion, a city or county does not have authority to levy a real estate transfer tax because Arkansas law does not clearly authorize the imposition of such a tax and doubts as to whether such authority exists … (c) An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules and regulations governing the matter or if enforcement of standards or requirements established

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2005

The highlighted language clearly invests the sentencing court with discretion to determine whether to revoke a suspension and resentence the offender. … With respect to a court's resentencing authority under the Act, this general principle is qualified only to the extent that the ADC or the Post Prison Transfer Board may direct that an offender resentenced to incarceration

Opinion No.

Arkansas Attorney General Reports · Mar 19, 2004

(Supp. 2003), the legislature established the Arkansas Public Defender Commission as a state agency to standardize at a state-wide level the operations of the public defenders' offices, including the management of their financial … Under such conditions, administrative interpretations should not be overturned except for cogent or weighty reasons, and, ordinarily, they will be held controlling and followed unless they are clearly wrong, unreasonable,

Opinion No.

Arkansas Attorney General Reports · Dec 28, 2005

I think the intent of your proposal is clearly not to have a decrease, but the uncertainty may give the voters "serious ground for reflection." … An ambiguity arises under these provisions as to whether the sovereign immunity of the State is superseded or waived in the context of these enforcement actions.

Opinion No.

Arkansas Attorney General Reports · Mar 9, 2000

What is striking about this passage is that it appears somewhat to qualify the proscription against assistance even to "private enterprises" by adding "with a view to gain." … As established in McCutchen , it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified as

Opinion No.

Arkansas Attorney General Reports · Aug 22, 2008

Given that the subject of the request is a former state employee, I believe documents containing the requested information clearly qualify as "public records" under this definition. As I stated in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2000

fact, CCEC's executive committee exercises no final decision-making authority, instead serving only to make recommendations that the CCEC board may and sometimes does reject, I believe the CCEC's executive committee may qualify … Cities and counties clearly can enter into contracts that are supported by valid consideration. See Ops. Att'y Gen. No. 98-025 and 97-250; A.C.A. § 14-54-101 (2); City of Ft. Smith v.

Opinion No.

Arkansas Attorney General Reports · Feb 5, 2003

to opine on the constitutional implications of the fact that these ascriptions are clearly being offered as a legislative means of foreclosing a currently pending tax dispute that can be resolved only by applying precisely … Moreover, this statute, enacted by Act 3 of 1991, § 7(a), is qualified by Act 3 of 1991, § 7(c), codified at A.C.A. §§ 26-53-126 (c), which provides that the tax "shall not apply to a motor vehicle trailer or semitrailer

Opinion No.

Arkansas Attorney General Reports · Jul 14, 2005

This special language therefore qualifies or conditions the appropriations made in Section 5 from the Miscellaneous Agencies Fund Account. Such conditions can be validly imposed under certain circumstances. Cf. Op. … See also, Citizens To Establish A Reform Party v. Priest, 325 Ark. 257 , 261 , 926 S.W.2d 432 (1996).

Opinion No.

Arkansas Attorney General Reports · Apr 8, 1988

You state in your correspondence that Investment Supply, Inc. is a qualified contractor as defined in regulations issued pursuant to the Gross Receipts Tax Act ("Act"). … the existence of an overpayment clearly rests with the taxpayer.

Opinion No.

Arkansas Attorney General Reports · Jun 27, 2008

However, notwithstanding the foregoing, it is well established that constitutional provisions, including amendments, take precedence over any law passed by the legislature. Gravett v. … In my opinion, this provision was clearly intended to afford qualifying individuals an enhanced degree of property tax relief over and above the 5% cap on annual increases on assessments available to other homesteaders.

Opinion No.

Arkansas Attorney General Reports · Feb 2, 2004

Subsection (b)(1) of Amendment 74 bluntly declares that "[t]here is established a uniform rate of ad valorem property tax of twenty-five mills" (emphasis added) — a pronouncement echoed verbatim at A.C.A. § 26-80-101 (a). … The provision further clearly conflicts with the blanket proscription expressed elsewhere in Act 28 and S.B. 73 against crediting designated maintenance and operation mills to the uniform rate of tax.

Opinion No.

Arkansas Attorney General Reports · Dec 18, 2007

Given that the subject of the records is a former school district employee, I believe documents containing the requested information clearly qualify as "public records" under this definition. … State , 340 Ark. 665 , 13 S.W.3d 167 (2000), it is the burden of an individual resisting disclosure to establish that his "privacy interests outweighed that of the public's under the circumstances presented."

Opinion No.

Arkansas Attorney General Reports · Oct 27, 2005

similar vein, A.C.A § 14-236-109 provides as follows: Property owners' associations that construct and maintain or have constructed and maintained sewage disposal facilities in accordance with the standards and regulations established … Clearly, therefore, the Architectural Control Committee (if it is indeed exercising such power under one of these statutes), is to this extent performing a governmental function of public concern that is "intertwined" with

Opinion No.

Arkansas Attorney General Reports · May 9, 2011

whereby the law must qualify as "necessary to serve a compelling state interest and . . . narrowly drawn to achieve that end" (quoting Perry Ed. … Mastroeni, supra , 476 F.Supp.2d at p. 364 ["[p]olling places clearly are non-public fora and voters present are subject to various First Amendment restrictions, including those based on content"]; American Federation of

Opinion No.

Arkansas Attorney General Reports · Jul 23, 1999

CREDITS, IN WHOLE OR IN PART, FOR HANDICAPPED, DISABLED, OR ELDERLY INMATES, WHICH SHALL STAND EXCEPT IN CASE OF POLICY DECISIONS SHOWN TO BE WITHOUT RATIONAL BASIS, OR IN THE CASE OF FACTUAL DETERMINATIONS SHOWN TO BE CLEARLY … Who decides which prisoners are "suitably qualified" and "employable"? (Section 3).

Opinion No.

Arkansas Attorney General Reports · Feb 4, 2002

The title to that act clearly reflects the intent to "provide that elections shall be called with respect to certain county sales and use taxes upon petition of the legal voters of the county[.]" … And qualified voters may petition to abolish a sales and use tax adopted under A.C.A. § 26-75-201 et seq. or § 26-75-301 et seq. See A.C.A. §§ 26-75-210 and -310 (Repl. 1997).

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2004

However, notwithstanding the foregoing, it is well established that constitutional provisions, including amendments, take precedence over any law passed by the legislature. Gravett v. … By contrast, the cap imposed in subsection (d) clearly hinges on the owner's status as a senior or a disabled person.

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

Green to officers whose specific qualifications are not established by the constitution, but who must merely meet the general qualifications set by our constitution. … See Comment, County Government Reorganization in Arkansas, supra. 4 Clearly, the legislature may set the duties of the county treasurer.