Case law

Opinion Number

Louisiana Attorney General Reports · Mar 14, 2003

Wilcox: You asked us for our opinion on the status of Educational Facilities Improvement Districts (EFI) within the Parish of East Baton Rouge after the establishment of the separate Baker School District and Zachary School … It also provides, "However, the ordinance imposing said tax shall be adopted by the district only after the question of the imposition of the tax has been submitted to the qualified electors of the district at an election

Opinion No.

Arkansas Attorney General Reports · Jul 19, 2007

Given that the subjects of the request are county employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As one of my predecessors noted in Op. … 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. (1979)

Nebraska Attorney General Reports · Feb 20, 1979

This statute clearly establishes a priority for medical, surgical, and hospital care. The Supreme Court of Nebraska addressed the duty of county boards in the case of Marshall v. … The medical assistance was to be available to the Aged, Blind, and Disabled who qualified as to need based on limited resources and to dependent children. (See 68-1020 .)

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.

(2001)

86 Op. Att'y Gen. 15 · Maryland Attorney General Reports · Jan 30, 2001

See Health Care Financing Administration, Establishment of the Medicare Plus Choice Program, 63 Fed. Reg. 34968 (June 26, 1998). … Even in the absence of language that clearly excluded Maryland seniors, there is some risk that HCFA could interpret ambiguous language to exclude Maryland seniors. *Page 21

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.

Ago

Washington Attorney General Reports · Mar 26, 2003

They include designating or establishing a standard health questionnaire, obtaining a certification from a qualified actuary that the questionnaire meets certain statutory requirements, establishing rates and rate schedules … Perhaps more significantly, the Legislature has considered the question of civil and criminal immunity and has adopted a statutory standard in this area: Neither the participation by members, the establishment of rates, forms

Maryland Attorney General Opinion 108OAG3

Maryland Attorney General Reports · Mar 14, 2023

If the text is “unambiguous and clearly consistent with the statute’s apparent purpose,” we generally end our inquiry into legislative intent and apply the statute as written. Id. … In fact, the General Assembly was presented with a suggested amendment that would have clearly implicated—and restricted— food preparation but failed to take any action on that measure.

Ago

Florida Attorney General Reports · Oct 24, 1978

Clearly, the Legislature is not empowered to delegate to a statutory entity a power which the state itself does not possess. Therefore, s. 155.11 (1), F. … If the members of the hospital board of trustees elect to deposit hospital funds in, and transfer its operating accounts to, a bank which is not a qualified depository of public moneys under s. 659.24, F.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

If It is clearly stated in the bond election proposition submitted to the voters and WI Broadway. St&lie 312 ,,bbOCk. … section 52(b) of the Texas Constitution authorizeF the establishment of road districts.

(1998)

83 Op. Att'y Gen. 128 · Maryland Attorney General Reports · Sep 28, 1998

The General Assembly thus rendered HMO subscribers immune from liability from actions by "any health care provider for any covered service." … Clearly, the General Assembly has expressed a strong interest in protecting the residents of Maryland from balance billing by any practitioner or facility.

Opinion No.

Arkansas Attorney General Reports · Dec 7, 2005

This clearly is an emerging area of the law. … This conclusion follows, in my opinion, from the well-established principle that that the election commission generally performs a ministerial function in preparing and furnishing the ballots. See State v.

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.

Opinion No.

Texas Attorney General Reports · Jan 27, 1988

This means, of course, that certain aliens residing in Texas may qualify as residents for purposes of tuition at state universities. … This office has reviewed the pertinent immigration statutes as well as the NATO Status of Forces Agreement and is unable to conclude that any of these laws or agreements clearly conveys the right to establish domicile in

Ago

Florida Attorney General Reports · Aug 20, 1979

S., in order to qualify to participate in the Florida Retirement System Act, pursuant to s. 121.051 (2)(b), F. S. … and properties nor creates or establishes a separate political subdivision of the state or the municipality distinct from and independent of the state or municipal government.

Opinion No.

Arkansas Attorney General Reports · Aug 12, 2008

Given that the records are kept by the City, were written by city officials and pertain to a city employee, I believe the documents in question 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.

Texas Attorney General Reports · Aug 13, 1984

The question is whether their establishments are industrial plants. The answer to that question is self-evident. … The law can do no better than to define an industrial plant as that type of establishment which the ordinary man thinks of as such.

Opinion Number

Louisiana Attorney General Reports · Sep 29, 1998

A review of pertinent constitutional debates clearly establishes that legislative action was the sole intent of this provision. … However, any action taken by Kenner pursuant to Article X, § 15 must be established by legislation.

Opinion No. (1987)

Nebraska Attorney General Reports · Jul 21, 1987

In this regard, the claimant "has a heavy burden of proof and unless he clearly and certainly identifies the fund he must fail." (citation omitted). Hibernia National Bank v. … Thus, the responsibility is clearly placed upon the shoulders of the county treasurer to ensure compliance with the law under penalty of criminal sanctions.

Opinion Number

Louisiana Attorney General Reports · Jun 15, 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. … It is well established by numerous authorities that the term, for tax exemption purposes, means a product in its natural state, unchanged by the process of manufacturing.