Case law

(1996)

81 Op. Att'y Gen. 3 · Maryland Attorney General Reports · May 2, 1996

Moreover, a master is protected by judicial immunity. See Tucker v. Woolery , 99 Md. App. 295 , 637 A.2d 482 , cert. granted , 335 Md. 225 , cert. dismissed as improvidently granted , 336 Md. 280 (1994). … With respect to the fifth criterion, the work performed by the master is clearly part of the "regular business" of the "employer" — the court.

Opinion Number

Louisiana Attorney General Reports · Oct 23, 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. … In interpreting the above provision, we have consistently held that in order to qualify for an exemption under Section 21(B)(1)(a), the property must meet all four of the basic requirements set forth therein, to wit: 1.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

The rights, duties, privileges, or obligations granted or imposed must be definitely fixed or determined, or the rules by which they are to be fixed and determined must be clearly and definitely established, when the … Section 26.09 clearly sets forth sufficient standards ?

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Both reflect that the SBA felt the proposed legislation "authorizes the Agency to establish national interest rates" and "negates the usury law in Arkansas." … It is well established that an agency's interpretation of statutes pertinent to its mission will be upheld unless clearly wrong. See, e.g., ACW Inc. v. Weiss, 329 Ark. 302 , 947 S.W.2d 770 (1997).

Opinion No.

Texas Attorney General Reports · Feb 23, 1984

You wish to know whether his service for the first fire department qualifies him for examination and promotion in the second department. … This exception from the two years' service requirement clearly delineates the general rule: the qualifying service must be completed in the department wherein the fireman seeks promotion. See City of Houston v.

Opinion No.

Arkansas Attorney General Reports · Dec 19, 2001

With respect to your third question, I believe the meetings of the Facilities Board must clearly be open pursuant to the Arkansas Freedom of Information Act. … Given these legislative pronouncements, notwithstanding its qualified autonomy, see discussion supra, I believe a public facilities board is clearly subject to the "public meetings" requirement set forth above.

Ago

Florida Attorney General Reports · Feb 12, 1999

While residential programs operated by DJJ clearly would qualify under the above definition, you state that a question has arisen whether DJJ's contract providers running the state juvenile justice programs, often in state-owned … Establish quality assurance goals and objectives for each specific program component. 4. Establish the information and specific data elements required for the quality assurance program. 5.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 7, 1988

construction of school facilities that are financed otherwise. (§ 17723.)5 For example, in both situations, the Department of Education advises the governing boards of school districts on the acquisition of school sites, establishes … For similar reasons, the realities of Lease-Purchase Law construction undercut the justification to clothe the activity with the state's immunity from local regulation.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

The constitution now allows the legislature by general law to permit a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization to … We construe section 3(g) in accordance with its plain language, which we think in this case clearly indicates the intent of the legislature. See St. Luke’s Episcopal Hosp. v. Agbor, 952 S.W.2d 503, 505 (Tex. 1997).

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Florida Attorney General Reports · Nov 3, 1999

and Motor Vehicles to issue one free motor vehicle license plate for use on any motor vehicle owned or leased by any disabled veteran who has been a resident of this state continuously for the preceding five years or has established … Stat., stating that notwithstanding the provisions of subsection (1), the driver may be: "1) penalized for parking in clearly defined bus loading zones, fire zones, or access aisles adjacent to the parking spaces for persons

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Florida Attorney General Reports · Jan 21, 1998

However, the Court recognized the viability of a ballot containing a number of separate and distinct propositions when each issue is clearly framed and the voter has an opportunity to express approval or disapproval of each … These are not alternative propositions so much as separate issues which have some relation to one another because a provision in the proposed charter establishes the composition of the board for purposes of the charter.

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Florida Attorney General Reports · Oct 20, 1997

recent amendment to section 741.04 , Florida Statutes, that marriage license applicants provide social security numbers, therefore, should not be construed to prohibit the clerk from issuing a marriage license to otherwise qualified … Clearly there will be instances where people have died who have no social security number, and it would be absurd to read the federal act as preventing a state from issuing a death certificate in those instances.

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Florida Attorney General Reports · Feb 22, 2002

It has been proposed that the supervisor's involvement in community activities through local chambers and other civic organizations is essential to the recruitment of qualified individuals to serve as clerks and inspectors … Like other constitutional county officers, the supervisor's powers are limited to those expressly granted by law or clearly necessary to facilitate the exercise of those expressly granted. 3 Thus, in considering the propriety

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2008

Given that the records are kept by the City, were written by city employees, and the subject matter involves the performance of official functions, I believe the documents in question clearly qualify as "public records" under … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No. (1997)

Nebraska Attorney General Reports · Aug 15, 1997

To the extent that resolution of your inquiries turns on construction of the newly-enacted statutes, our analysis is governed by several well-established standards of statutory construction. … Clearly, the NDE became obligated to operate under Neb. Rev. Stat. § 79-1016 , as amended by LB 595, on June 10, 1997.

Attorney General Opinion No.

Kansas Attorney General Reports · Jun 24, 1993

Clearly 1994 is the second calendar year following the year of the election, which was 1992. The controlling issue is the meaning to be ascribed to the phrase "no such tax shall be levied thereon" (emphasis added). … Collection of such taxes is provided for in a separate article (article 20, chapter 79), thus establishing a general legislative distinction between the two terms.

Attorney General Opinion No.

Kansas Attorney General Reports · Feb 28, 2000

"No such resolution shall take effect until sixty (60) days after its final publication, and if within sixty (60) days of its final publication a petition signed by not less than five percent (5%) of the qualified electors … The City of Newton, 19 the Court concluded that "a city or county ordinance should be permitted to stand unless an actual conflict exists between the ordinance and a statute, or unless the legislature has clearly preempted

Opinion No.

Texas Attorney General Reports · Mar 14, 1986

It is well established that an administrative agency has only those powers expressly granted to it by statute or necessarily implied from the statutory authority conferred or duties imposed. See City of Sherman v. … Under section 21(g), the board shall establish standards for internship or any other program necessary to qualify an applicant for the licensing examination and shall determine the necessary qualifications for any preceptors

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Florida Attorney General Reports · Nov 3, 1989

common and ordinary meaning of the word "by," it would appear that the mayor must initiate any removal proceedings. 5 "By" has been defined to mean: "through the agency or instrumentality of", "used as a function word to qualify … Clearly, if the governing body of the municipality does not concur in the mayor's call for removal of a housing commissioner, the conditions of the statute will not be met and no removal will occur.

No.

Colorado Attorney General Reports · Jan 31, 1992

So long as the Partnership otherwise qualifies under the management statute, the Board is so empowered. … Nothing in the ballot question clearly misrepresents such facts. VII.