Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1986

It is our opinion that the Board of Pharmacy does not have authority to require an applicant for licensing to pass an oral communications skill examination in order to qualify for a license. It is well establish#! … Under section 21(g), the board shall establish stand,ardsfor internship or any other program necessary to qualify an applicant for the licensing examination and shall determine the necessary qualifications for any preceptors

Opinion Number

Louisiana Attorney General Reports · Mar 1, 2010

At the outset of these negotiations, the parties established ground rules for conducting the collective bargaining negotiations. … XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law."

Opinion No.

Arkansas Attorney General Reports · Aug 24, 2005

qualify as "public records" under this definition. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1996

In order to be entitled to due process under section 19, a person must first establish that a statute afl’ects a vested right. … It is well established, however, that a property owner has no vested interest in the continued application of a municipal land use ordinance.

Ago

Florida Attorney General Reports · Aug 19, 1976

That section provides, inter alia: (1) Each county fee officer shall establish an annual budget for his office which shall clearly reflect the revenues available to said office and the functions for which money is to be expended … As qualified above, your third question is answered in the negative.

Opinion No.

Texas Attorney General Reports · Nov 4, 1981

In 1962, the Texas Legislature created the Jefferson County Drainage District No. 7, a special district established pursuant to article XVI , section 59 of the Texas Constitution. Acts 1962, 57th Leg., ch. 34, at 98. … The legislature is clearly empowered to determine that the requisite number of signatures on a petition to call an election be less than a majority.

Attorney General Opinion No.

Kansas Attorney General Reports · Aug 21, 2007

This brings us to the issue of whether assigning property to the wrong taxing district qualifies as a "mathematical miscomputation." … Subsection (g) of the latter statute clearly applies to the factual situation at hand. 3 243 Kan. 555 (1988).

Opinion No.

Arkansas Attorney General Reports · Mar 12, 2001

Specifically with respect to the issue of lobbying, I assume your concern is that the city might be restricted from engaging in what the courts generally refer to as "government speech" — i.e., speech that clearly advocates … However, determining whether an expenditure qualifies as legitimate under this standard would entail engaging in a factual inquiry I am unauthorized to conduct.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Jay Kimbrough - Page 2 (X-0114) (4) establish and enforce standards governing the safety and conduct of each person licensed, registered, or commissioned under this … “[Tlhe construction of a statute by an agency charged with its execution is entitled to serious consideration unless the agency’s construction is clearly inconsistent with the Legislature’s intent.”

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1942

to establish the fact that in performing the action complained of the officers or boards acted wholly through fraud, caprice, or by a purely arbitrary decition, and without reason. … oath, and shall file a copy of such oath and a copyof his appointment with the Texas State Board of Health3 and, until such copies are so filed, said officer shall not be deemed legally qualified

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

XI, 5 11, paragraph three establishes special requirements for vacancies occurring on municipal governing bodies. … “An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion.” Id.

Attorney General Opinion No.

Kansas Attorney General Reports · Apr 20, 1995

It allows qualified electors to file a petition to force the county to submit the question to a vote. … Subsection (e) is not clearly applicable because a public use is still intended. However, it evidences a willingness to allow conveyances of certain dedicated property.

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Washington Attorney General Reports · Aug 4, 1999

The state constitution provides that the Legislature shall establish a uniform system of county government throughout the state. Const. art. XI, § 4. … The sentence providing for alternative proposals clearly encompasses both the initial approval or rejection of the charter by the voters and the voters' approval or rejection of a subsequent amendment.

Opinion Number

Louisiana Attorney General Reports · Feb 5, 2002

The case law under USERRA and its predecessors also indicates the areas of possible salary increases, if allowable, and they clearly turn on employer practice, policy and contracts/agreements. … In the event the IRS issues its guidance for the State MSRA provisions for qualified plans, this area would be subject to review at that time. Question 3.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1989

The courts employ a two-pronged legal test in determining whether an age classification qualifies as an "bona fide occupational qualification" or ("BFOQ"). … The Second Circuit did not find the district court's conclusions "clearly erroneous" and thus affirmed the district court's decision that the limit violated the ADEA.

Opinion Number

Louisiana Attorney General Reports · Jul 12, 2001

The case law under USERRA and its predecessors also indicates the areas of possible salary increases, if allowable, and they clearly turn on employer practice, policy and contracts/agreements. … In the event the IRS issues its guidance for the State MSRA provisions for qualified plans, this area would be subject to review at that time. Question 3.

Opinion No. Oag 97-77, (1977)

66 Op. Att'y Gen. 318 · Wisconsin Attorney General Reports · Nov 25, 1977

It bars what clearly should be permitted in making an accurate record of what takes place at such meetings . … establishes beyond any question that Mrs.

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Florida Attorney General Reports · Jan 29, 1982

The intent of this funding provision is set out clearly in s 394.76 (4)(b), F.S.: It is the intent to establish a uniform funding percentage of 75 percent state financial participation for all community-based, state-aided … In order to be qualified for receipt of state matching funds, there must be in existence within the board district applying for such funds those services described in s 394.75 (3)(a-f), F.S., as set forth above.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1968

M-187 - Page 2 “(C) The board shall establish Its rules and regula- tions concerning the emission of particulate matter from plants processing … extended by construction, and one who claims he is subject to an exemption or exception will be required to show that he ‘comes clearly within Its plain terms.

Opinion Number

Louisiana Attorney General Reports · Jan 26, 2001

The rationale of that opinion does not clearly support the conclusion in Opinion 90-149 although it does allude to a provision in the Lawrason Act. … The person filling this vacancy on an interim basis may qualify for this position at the subsequent election.