Case law

Opinion No.

Texas Attorney General Reports · Dec 8, 1999

Eligibility for the position is established by statute: (b) To be appointed as an officer a person must: (1) be qualified by education and training for the duties of the office; (2) be experienced in the law, regulations, … Nor does any other law clearly spell out a mandatory duty to appoint with sufficient certainty that nothing is left to discretion.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2001

The term “state agency” is broadly defined to mean “a board, office, commission, department, institution, court, or other agency in any branch of state government,” id. 5 3(c), and clearly includes the System, an agency or … Section 83, in turn, establishes an income recognition rule for transfers of property. See id. 5 83 (1994).

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2004

(b) In addition, the board is authorized to establish appropriate rules, regulations, and standards defining or limiting the emergency medical procedures or services that may be rendered by a certified emergency medical technician … This analysis is clearly consistent with my views as expressed in Opinion No. 2004-063 .

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 9, 1993

Board of County Comm'rs , 230 Kan. 210 , 630 P.2d 1154 (1981) (statute which applied to any county in which any part of a federal reservoir was located did not violate Section 17, as more than twenty counties in Kansas qualified … In light of these potential goals, it is our opinion that the classification is not clearly arbitrary and therefore would not violate the requirement of article 2 , section 17 of the Kansas constitution.

No.

Colorado Attorney General Reports · May 20, 1977

However, in 1968, the United States Supreme Court explicitly rejected the position "that tax investigators are immune from the Miranda requirements for warnings to be given a person in custody." Mathis v. … Thus, they were unwilling to require Miranda warnings absent a clearly custodial interrogation.

Opinion No.

Arkansas Attorney General Reports · Nov 14, 2003

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … Of the documents you have described, records "pertaining to disciplinary actions" clearly qualify as "employee evaluation/job performance records" under this definition.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1964

Such a system is clearly unconstitutional on many ground~s, and has no relation to the Texas system. … The Texas State Board of Plumbing Examiners operates under a legislative mandate to license a sufficient number of qualified plumbers, whereas the former Illinois system had as its primary effect the strict limitation of

Ago

Florida Attorney General Reports · Nov 3, 2003

The sheriff, clerk, tax collector, property appraiser and supervisor all appear to be exercising powers of those offices established by the Constitution while the mayor would appear to exercise some of the authority that, … appears the mayor and other county officers would be eligible for Florida Retirement System participation under section 121.052 (2)(d), Florida Statutes, the charter for the consolidated government of the City of Jacksonville clearly

(2006)

91 Op. Att'y Gen. 49 · Maryland Attorney General Reports · Feb 23, 2006

It is a well-established rule of statutory construction that a statute should be read so that no word, clause, sentence or phrase is rendered superfluous or nugatory. State v. Glass, 386 Md. 401 (2005). … It is my view that this definition clearly includes MRI, CT scans and radiation therapy services.

Opinion No.

Texas Attorney General Reports · Jul 14, 1987

The Property Tax Code, however, clearly confines the selection and tenure of the `chief appraiser' to the discretion of the appraisal district board of directors. [Citation omitted]. … voters equal to at least 10 percent of the number of qualified voters, according to the most recent official list of qualified voters, residing in the appraisal district, if the petition is authorized by Section (a) of this

Opinion No.

Texas Attorney General Reports · Sep 24, 2003

-Houston [14th Dist.] 1992, writ denied) (court-appointed healthcare professionals evaluating child's best interest in connection with parents' divorce qualified as "agency designated by the court to be responsible for the … Our answers to your first four questions are based on statutes that establish a duty to report child sexual abuse and the judicial decisions interpreting them.

Opinion No.

Texas Attorney General Reports · Nov 8, 1993

Section 830.004 clearly delegates to the governing bodies of particular institutions the authority to structure an optional retirement program for its faculty members. … We see no reason to revisit that opinion and we rely upon it here for the proposition that article 6228a-5 does not apply to an optional retirement program established pursuant to chapter 830 of the Government Code. 3 Therefore

Opinion No.

Texas Attorney General Reports · Apr 27, 2001

The term "wholly" clearly refers to property that is used only for pollution control, such as an add-on device. … This broad formulation clearly embraces more than just add-on devices.

Opinion No.

Arkansas Attorney General Reports · Feb 9, 2000

RESPONSE State law clearly gives the General Assembly (hereinafter the "Legislature") a wide range of powers and it also clearly gives the University of Arkansas Board of Trustees (hereinafter the "Board") some degree of … There is obviously a spectrum of potential difficulty in determining whether a particular issue is one of substantive policy, with some issues clearly qualifying while others do not.

Opinion No. (1983)

Missouri Attorney General Reports · Oct 21, 1983

Section 354.010 , RSMo 1978, states in pertinent part: As used in sections 354.010 to 354.175 , unless the context clearly indicates otherwise, the following terms mean: * * * (3) "Health services", the health care and services … in which dental services or dental operations of any kind are performed for any purpose; but this section shall not be construed to prevent owners or lessees of real estate from lawfully leasing premises of those who are qualified

(2003)

88 Op. Att'y Gen. 120 · Maryland Attorney General Reports · Aug 29, 2003

Homeland Security Act of 2002 Section 304 of the Homeland Security Act of 2002 established certain liability protections in connection with authorized "countermeasures" against smallpox. … The voluntary vaccination of public safety personnel to enable State and local government agencies to prepare for and respond to a bioterrorist incident clearly benefits the employer of those workers.

Opinion No.

Arkansas Attorney General Reports · Jan 2, 1990

If a majority of the qualified voters . . . approve the rate of tax . . . then the tax . . . shall be collected as provided by law. … The court held that this scheme violated the Kentucky Constitution, stating: The Tax Increment Act is even more clearly in violation of the constitution.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1967

The county commlssioners~ court of all counties, and the municipal authorities of all cities, bordering on the coast of the Gulf of Mexico shall have the power and are authorized from time to time to establish … Section l-a of Article VIII of the Texas Constitution and Section 2 of Article 7048a, clearly provide,in identical words, that the tax authorized by their provisions shall be 'I* . . in addition t$ all other ad valorem taxes

Opinion No. Oag 7-89, (1989)

78 Op. Att'y Gen. 27 · Wisconsin Attorney General Reports · Feb 20, 1989

has occurred; establish methods for determining the occurrence of a release and the area or population likely to be affected by the release; and establish evacuation plans, including provisions for precautionary evacuation … *Page 33 In addition, as proposed in section 5 of Assembly Substitute Amendment 2, section 145(c) * clearly contemplated that county funds would be used by the LEPC because that section gave the county board control over

Ago

Florida Attorney General Reports · Nov 3, 2003

City of Orlando to amend the city's firefighter pension plan, but only to the "limited" extent necessary to comply with the minimum standards and minimum benefits levels prescribed in Chapter 175 , Florida Statutes, to qualify … Moreover, the express language of the most recent amendment to the special act clearly limits any changes to the pension fund by the governing body of the city to those that will ensure receipt of funds from the Police Officers