Case law

Opinion No.

Arkansas Attorney General Reports · May 8, 2002

Brown, 335 Ark. 272 , 948 S.W.2d 1 (1998); Citizens To Establish A Reform Party v. Priest, 325 Ark. 257 , 926 S.W.2d 432 (1996); Henson v. Fleet Mortgage Co., 319 Ark. 491 , 892 S.W.2d 250 (1995); Neely v. … The restrictions set forth at A.C.A. §§ 6-62-803 and -804 clearly appear to fall within this category of traditional practice.

Opinion No.

Arkansas Attorney General Reports · Mar 27, 2002

The council does have the authority to establish the procedure for making purchases. . . . This procedure, in my opinion, however, cannot obliterate the mayor's statutory authority to make purchases. … I am unaware of any provision of law that in any sense qualifies the clear meaning of A.C.A. § 14-58-303 .

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 6, 2003

The same provisions apply also to class B clubs and drinking establishments. … CPI Qualified Plan Consultants, Inc. v.

Ago

Florida Attorney General Reports · Apr 3, 1984

By reference only to ss 402.17 (2)(b) and 402.17 (6)(a), F.S., it clearly appears that the Department of Health and Rehabilitative Services is authorized to deposit funds held in trust and administered by it for the personal … benefit of clients in "banks qualified as state depositories" or "in any bank in the state."

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2007

This interpretation will be upheld unless is it "clearly wrong." I cannot state that it is "clearly wrong." … Corporate officers could qualify, however. Id.

Attorney General Opinion No.

Kansas Attorney General Reports · Dec 14, 1994

The real estabe appraisal board created by the Kansas act is granted authority to implement, administer and enforce the provisions of the act through certification and licensure of appraisers who are qualified by education … The board clearly has authority over a certified or licensed appraiser whose act or omission pertains to an appraisal concerning a federally related transaction.

Attorney General Opinion No.

Kansas Attorney General Reports · May 21, 2001

The Court disagreed with plaintiff's theory that Capper's liability was founded on the principal-agent relationship: "Appellant asserts that `the evidence . . . clearly establishes a prima facie case of principal and agent … In other words, the theory of appellant appears to be that if an agency is established, liability is established. In this view, we cannot concur.

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Florida Attorney General Reports · Sep 28, 2001

The consideration and resolution of these claims by an independent third party entity clearly constitutes a public function. … Const., establishing a constitutional right of access to public board or commission meetings. 16 See, e.g., Op. Att'y Gen.

Opinion Number

Louisiana Attorney General Reports · Aug 24, 1993

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Addressing the issue of exemption, this office has consistently held that in order to qualify for an exemption from ad valorem taxes under La. Const. Art.

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Florida Attorney General Reports · Jun 15, 1982

Under these circumstances, it is appropriate to note the well-established principle that longstanding statutory interpretations made by officials charged with the administration of the statutes are to be given great weight … and will not be overturned by the courts unless clearly erroneous.

Attorney General Opinion No.

Kansas Attorney General Reports · Mar 10, 1999

However, an employee does not qualify for benefits under FICA until they are 62 years of age. If an employee does not qualify for FICA benefits, does the inability to secure FICA benefits qualify as a penalty? … An employee that earns 85 points under KPERS qualifies for full KPERS benefits and thus is not penalized for `retiring early.'

Opinion No. Oag 87-79, (1979)

68 Op. Att'y Gen. 277 · Wisconsin Attorney General Reports · Sep 21, 1979

Clearly, this transaction falls directly within the prohibited "selling" of "stocks" by making a payment of "margin." … The writer is also required to establish and maintain a margin account of at least thirty percent with a broker as collateral.

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Florida Attorney General Reports · Mar 2, 1982

It is well established within this state that public funds may be spent only for a public purpose or function which the public officer or agency is expressly authorized by law to carry out or which must be necessarily implied … There is clearly no authority for expenditures from public funds to provide public employee training or education of a formal nature . . . .

108OAG64

Maryland Attorney General Reports · May 22, 2023

Moreover, the capacity for such devices to produce sounds that disturbed nearby residents was well-established by 1975. … Although it is beyond the scope of this opinion to survey every local jurisdiction to determine whether all of them have been granted the power to adopt noise ordinances, many clearly have that authority.

Opinion Number

Louisiana Attorney General Reports · Jun 28, 2006

The Louisiana Supreme Court has ruled that all cooperative endeavors authorized by Section 14(C) must also meet the general standard for non-gratuitous alienation of public funds or property established by Section 14(A). … Rather, such expenditure qualifies, under paragraph (C), as a valid cooperative endeavor. The election is being performed under the authority of La.

Opinion Number

Louisiana Attorney General Reports · Aug 28, 1997

The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used." [Emphasis added.] … Further, under the well established jurisprudence of this state, special taxes are strictly construed. Hemler v. Richland Parish School Board, 142 La. 133 , 76 So. 585 (1917). . . .

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Florida Attorney General Reports · Sep 3, 2002

If the project is to be awarded based on price, it must be awarded to the lowest qualified and responsive bidder in accordance with the applicable county ordinance. … The county is responsible for providing county buildings, such as the county jail. 5 Moreover, it is a well-established principle that public officials and entities cannot do indirectly that which they are prohibited from

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2007

Given that you are a city employee, I believe documents containing the requested information clearly qualify as "public records" under this definition. As one of my predecessors noted in Op. Att'y Gen. … 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."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1959

Department lawfully pay for medical ser- vice in connection with physical examinations given to pros- pective employees for the benefit of the Department 80 that it may determine whether they are physically qualified … for services rendered to the city, or if it be fir a publio purpose, then clearly it le a valid exercise of the legislative power.”

Opinion Number

Louisiana Attorney General Reports · May 29, 2001

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied. … We have reviewed these documents and find nothing contained therein that would preclude the applicant from qualifying for exemption from ad valorem taxes.