Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

We think that the legislative intent behind this hastily-drafted and ambiguous statute is most clearly reflected in Representative Morales' statements. … Then Representative Morales qualifies those statements by saying that the tax would apply to a lawyer's services if, the lawyer "is doing what debt collectors do and that is all."

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2001

Given your latest question, I will qualify my earlier conclusion to the extent of opining that if the pending action qualifies as what you have designated a " county " misdemeanor prosecution — i.e., a prosecution for a misdemeanor … The exercise of its discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest. United States v.

107OAG196

Maryland Attorney General Reports · Dec 19, 2022

A use of funds qualifies as “supplemental” if it is “in addition to the State funding provided through the funding formulas established in the Bridge to Excellence in Public Schools Act of 2002 for prekindergarten any other … And if those funds are indeed “supplemental” under Article XIX, there is a second question as to whether “supplemental” funding under Article XIX can also qualify as necessary for the “establishment and maintenance” of the

Opinion No.

Texas Attorney General Reports · Aug 20, 1996

A specialty consultant must be qualified to provide sophisticated toxicology or patient-care information in the consultant's area of expertise. Id. pt. II.E.5. … We also do not consider whether the insurance program chapter 2109 authorizes a governmental entity to establish includes liability insurance.

Ago

Florida Attorney General Reports · Mar 6, 1974

The purpose of such a proviso, if of legal age, is either to qualify, restrain, or exclude some possible ground of misinterpreting the word registrant. Cf. State v. State Racing Commission, 112 So.2d 825 (Fla. 1959). … Use of the pronouns "his" and "her" in regard to the phrase "his or her parent" clearly indicates that the term registrant applies to the person whose birth is registered as opposed to a parent or other person who may have

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1999

The applicability of the statute to subcontractors was established beyond question in Bird v. … The construction of a statute by an administrative agency should not be overturned unless it is clearly wrong. Moore v. Tillman, 170 Ark. 895 , 282 S.W. 9 (1926).

Opinion Number

Louisiana Attorney General Reports · Jan 27, 1999

As further pointed out in our conversation we have found under the "Louisiana Health Insurance Association Act" that the association shall establish reasonable reimbursement amounts for the listed services which includes … "transportation provided by a licensed ambulance service to the nearest facility qualified to treat the condition."

(2003)

88 Op. Att'y Gen. 54 · Maryland Attorney General Reports · Mar 17, 2003

The plurality opinion clearly rejected that criterion as a part of Establishment Clause analysis, stating that "[t]his doctrine, born of bigotry, should be buried now." 530 U.S. at 829 . … The court held that the finding was not clearly erroneous, thus upholding the district court on an alternative basis. Id. at 508-10.

Opinion Number

Louisiana Attorney General Reports · Aug 28, 2006

Such a loan or donation would be doing indirectly with state funds what is clearly prohibited directly. … Box 553 Public funds received by volunteer Garyville, LA 70051 fire department may be used to establish and maintain a retirement plan.

Op. Atty. Gen. 63a-5

Minnesota Attorney General Reports · Aug 28, 1996

The Council has established several committees, each composed of three of its members. Meetings of the Council and all committees are held in compliance with the ' notice requirements of Minn. … A continuing general notice of the sort you have described would clearly not satisfy these requirements No other mechanism comes to mind which satisfy those requirements absent a qualifying notice for each contemplated special

Opinion Number

Louisiana Attorney General Reports · Apr 16, 2002

In situations where mutual aid is utilized, radio communications shall be established, if possible, through the radio systems patch, or one of the officers shall maintain personal eye-to-eye contact with an officer of the … R.S. 33:423 pertinently provides: In those municipalities governed by the provisions of this Part, R.S. 33:321 et seq ., which have a chief of police elected by the qualified voters thereof, he shall make recommendations

Opinion Number

Louisiana Attorney General Reports · Oct 24, 2000

As you have outlined in your opinion request, the North Lake Charles Economic Development District (District) is established in LSA-R.S. 33:130.551 , et seq. … But on the other hand, where the appointment or election is made for a definite term or during good behavior, and the removal is to be for cause, it is now clearly established by the great weight of authority that the power

(2010)

95 Op. Att'y Gen. 62 · Maryland Attorney General Reports · Mar 8, 2010

There are other possible measures that might impose some limits on executive compensation at a company like CEG — for example, a cap on ratepayer contribution to executive compensation or a statute clearly establishing the … Guaranty Trust Co. , 288 U.S. 123 (1933). 2 The Court qualified this statement by noting that a court might take action if the directors were personally interested in a particular decision: but this is far from saying that

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2018

Subchapter I-1 requires the Texas Transportation Commission ("Commission") to "establish standards for processing an environmental review document for a highway project." … An environmental assessment applies to a project that is not classified as a categorical exclusion and that does not clearly require the preparation of an environmental impact statement. See 43 TEX. ADMIN.

Opinion No. Oag 51-87, (1987)

76 Op. Att'y Gen. 217 · Wisconsin Attorney General Reports · Sep 1, 1987

Since a John Doe proceeding is conducted by a judge rather than "the court," there is no authority to grant immunity and compel testimony. … With respect to the question of separation of powers, the supreme court clearly finds no problems to exist in either the statutory scheme or the procedural application of the John Doe hearing.

Maryland Attorney General Opinion 95 OAG 062

Maryland Attorney General Reports · Mar 8, 2010

Courts cannot here condone 2 The Court qualified this statement by noting that a court might take action if the directors were personally interested in a particular decision: but this is far from … There are other possible measures that might impose some limits on executive compensation at a company like CEG – for example, a cap on ratepayer contribution to executive compensation or a statute clearly establishing the

Ago

Florida Attorney General Reports · Feb 10, 1983

City of Tampa, 31 So.2d 468 (Fla. 1947) (in order for court to declare one statute impliedly repeals another, it must appear that there is a positive repugnancy between the two, or that the last was clearly intended to prescribe … Representatives, February 22, 1979, stating that House Bill 261 (companion bill to Senate Bill 29) would exempt all personnel in Projects, Contracts and Grants budget of the Department of Education even though they do not qualify

Opinion No.

Texas Attorney General Reports · Jan 13, 2004

"A person who does not qualify for an exemption on January 1 of any year may not receive the exemption that year." Id . This language clearly does not contemplate a post facto alteration of tax exemption qualifications. … SUMMARY Section 312.208 of the Tax Code, permitting amendment of tax abatement agreements, does not modify the rule established by section 11.42 (a) of the Tax Code that a "person who does not qualify for an exemption on

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2001

(establishing and defining the operations of the School for the Deaf and the School for the Blind); Ark. Op. Att'y Gen. … The legislation clearly provides for the consolidation, on the one hand, of the Arkansas School for the Deaf and the Arkansas Institution for Advocacy for the Deaf and, on the other, of the Arkansas School for the Blind and

Opinion No.

Arkansas Attorney General Reports · Jun 27, 2005

Nothing is taken as intended that is not clearly expressed. State ex rel. Sargent v. Lewis, 335 Ark. 188 , 979 S.W.2d 894 (1998). … (b) The alternative learning environment required by this section may be established by more than one (1) school district or may be operated by a public school educational cooperative established under § 6-13-901 et seq.