Case law

Opinion No.

Arkansas Attorney General Reports · Jul 11, 1990

The answer to this question is a qualified "yes". It is possible that a state officer or employee can legally be employed and receive compensation from more than one state agency. Some restrictions, however, apply. … The answer to this question is not clearly defined under Arkansas law. The answer may depend upon the distinct factual circumstances of each transaction. There are several provisions of law to consider.

Opinion No.

Arkansas Attorney General Reports · Mar 20, 2008

The judge of the county court shall be elected by the qualified electors of the county for the term of two years. … The proscription clearly applies to a sitting circuit judge, who must resign if he becomes a candidate for a "nonjudicial" office.

Opinion No.

Arkansas Attorney General Reports · Nov 2, 1995

Ann. 20-701 et seq. ], to Establish New Procedures for the Creation and Dissolution of Suburban Improvement Districts, and for other Purposes." … Act 782 clearly states that it applies to districts in existence on March 16, 1981.

Opinion No.

Arkansas Attorney General Reports · Feb 12, 2009

The bonus was clearly precluded by the Regular Salaries Procedures and Restrictions Act, which provides in relevant part: No employee authorized by the General Assembly shall receive from appropriated or cash funds, either … Taxpayers in that case argued that the severance payment did not qualify as an expenditure for "maintenance and operation" under Ark.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2007

As you note, this act established the following requirements with respect to the teaching of Arkansas history in the public schools: (a) Beginning with the 1997-1998 school year: (1) A unit of Arkansas history shall be taught … [I]f a governing body in fact delegates its decision-making authority, rendering the "committee" itself a "governing" rather than "advisory" body, the open-meetings requirement will clearly apply.

Opinion No.

Arkansas Attorney General Reports · May 4, 2011

In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law." … As noted above, the designation "study participants" is far from clear and your section on "study implementation" fails to specify what entity in Phase I has determined who qualify as "study participants."

Opinion No.

Arkansas Attorney General Reports · Jan 23, 2004

YEAR ENDING AFTER JULY 1, 2008; PROVIDING THAT THE COMMISSIONER SHALL BE AUTHORIZED TO CONTRACT WITH ACC OR OTHER AUTHORIZED ENTITIES FOR THE HOUSING, CUSTODY, AND EMPLOYMENT OF INMATES DETERMINED BY THE COMMISSIONER TO BE QUALIFIED … This aspect of the proposed measure will clearly impact certain portions of current law (including other constitutional provisions) that govern state employees' benefits.

Opinion No.

Arkansas Attorney General Reports · Jan 12, 2004

In order for a towing firm to perfect its possessory lien in a vehicle that qualifies as "unattended" or "abandoned" as defined in A.C.A. § 27-50-1202 and that has been ordered towed by a law enforcement officer, the Code … The Code clearly contemplates the nonjudicial sale of a vehicle that has not been properly redeemed.

Opinion No.

Arkansas Attorney General Reports · Feb 8, 2007

The applicable subchapter clearly applies on both public and private lands. A.C.A. § 13-6-401 (b). … The regulations establish standards for curatorial facilities that house federal collections, and procedures by which federal agencies are to ensure that their collections are properly housed in such facilities."

Opinion No.

Arkansas Attorney General Reports · Mar 10, 2006

Fla. 1996) (law establishes no clear First Amendment right to access search warrant affidavits, but common law right is well established and can be overcome by compelling interests in closure narrowly tailored to serve those … safety," and requiring judge to document his determination for appellate review). 14 Many of the cases found the test for sealing the records met under the circumstances before them, but the courts have not always agreed or clearly

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2008

However, the deference generally paid to regulations notwithstanding, it is well-established under the doctrine of "separation of powers" (Ark. … Although the regulations clearly provide for such authority, the language of the Act does not seem to contemplate such practices.

Opinion No.

Arkansas Attorney General Reports · May 12, 2009

Legislative clarification regarding the nature and the terms of a county's possession of these funds is clearly warranted. … This premise is qualified only by the condition that the assets — which, in the case of the Arkansas Act, will invariably comprise money, possibly including any or all interest earned thereupon — must be returned to a valid

Opinion No.

Arkansas Attorney General Reports · Jun 1, 2009

In addition, the statute in question clearly states that jurisdictions may enter into agreements to share the costs of operating a jail. A.C.A. § 12-41-503 (d). … See A.C.A. § 12-41-506 (a)(1) (stating that the county quorum court " may by ordinance establish a daily fee" (emphasis added.))

Opinion No.

Arkansas Attorney General Reports · Jan 6, 2009

However, my predecessor in Opinion 2005-103 qualified the passage recited above as follows: The question may also arise whether funds for the first fiscal year of the contemplated contract are available at the time of contracting … As noted above, the burden lies upon the challenger to establish that a particular contract fails the balancing test between available revenues and contractual obligations discussed above.

Opinion No.

Arkansas Attorney General Reports · Oct 9, 2001

However, Monterey clearly establishes that the rough-proportionality standard will not apply if governmental regulation has the effect of denying development altogether. 5 The Arkansas Supreme Court's pronouncements on the … As an officer of the executive branch of government, I am neither qualified nor empowered to make such a determination.

Opinion No.

Arkansas Attorney General Reports · Feb 5, 2002

However, to establish this "association" is by no means to establish that revenue loss funding should be excluded from total state and local revenue per average daily membership. … Citizens to Establish a Reform Party v. Priest, 325 Ark. 257 , 261 , 926 S.W.2d 432 , 435 (1996).

Opinion No.

Arkansas Attorney General Reports · Feb 28, 2001

Arkansas Supreme Court offered the following concordant analysis: Exigent circumstances are those requiring immediate aid or action, and, while there is no definite list of what constitutes exigent circumstances, several established … Supreme Court in Welsh invoked Dorman only in support of the proposition that the gravity of an offense might in itself qualify as an exigent circumstance: " Without approving all of the factors included in the standard adopted

Opinion No.

Arkansas Attorney General Reports · Feb 16, 2000

[They must either hold a teaching certificate or be "qualified to hold" a certificate. … in the absence of an abuse of discretion or a conflict with clearly enunciated restrictions of state or federal law.

Opinion No.

Arkansas Attorney General Reports · Feb 4, 2004

If you mean to establish a state property tax that is subject to change, you should say so. … If you intend to qualify legislative discretion by giving continued effect to the general education article of the current constitution, you should say so. 22.

Opinion No.

Arkansas Attorney General Reports · Aug 29, 2002

That being said, it is true that a number of documents in the possession of the Governor will qualify for the A.C.A. § 25-19-105 (b)(7) exemption. … Such a result would be clearly contrary to the FOIA. Whether this has occurred in a given instance, however, will depend upon all the attendant facts.