Case law

Opinion No.

Texas Attorney General Reports · Feb 15, 2007

This question requires additional analysis because a penal statute must be clearly defined so as to afford due process or else it is void for vagueness. State v. Holcombe , 187 S.W.3d 496 , 499 (Tex.Crim.App. 2006). … An entity described in section 552.0037 is authorized to establish and follow record retention policies that are consistent with applicable law.

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 6, 2002

The Legislature clearly authorizes the Secretary of Revenue to delegate to division heads any duties and powers conferred upon the Secretary of Revenue. … "Kansas, Inc. is a public-private partnership" 43 established for the purposes outlined in K.S.A. 2001 Supp. 74-8002 .

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1967

roads and streets in the State and provided that in arriving at oosts payable by the State,for the construction and :malntenance provided herein, payment may be made by the Depart- ment to qualified … The Intent of the Legislature is clearly shown by Section 154, which reads: ‘This Act may be cited as the Uniform Act Regulating Traffic on Hlghwa~ys.’

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2006

The Texas Supreme Court has clearly distinguished between the phrase “term of office” and an individual’s tenure of office. See Spears, 398 S.W.2d at 926. … As this office has stated, “[a] term of office may be legally established for a period of two, three, four[,] or six years.

Opinion No.

Texas Attorney General Reports · Jun 13, 1996

In order to be entitled to due process under section 19, a person must first establish that a statute affects 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.

Opn. No.

New York Attorney General Reports · Jun 5, 1978

Therefore, the Office of General Services clearly has a contractual responsibility to enter into sub-leases such as the one proposed. … who are handicapped individuals and what are discriminatory practices within the meaning of said statute which provides: "No otherwise qualified handicapped individual in the United States . . .

Ago

Florida Attorney General Reports · May 5, 1975

Keehly, supra, and it now clearly appears that compensation is not a necessary element of the unauthorized practice of law. … At this point, I direct your attention to Ch. 57-1754, Laws of Florida, which is the City Charter Act establishing the City of Pompano Beach, and, more specifically, to Art. XI, s. 62, thereof.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 10, 2022

(a) (prescribing sentence for certain felonies to state prison), 2000 (establishing “State prison” for men), 5000 (establishing Department of Corrections and Rehabilitation, Division of Adult Operations), 5003 (providing … Avignone (2017) 16 Cal.App.5th 1233, 1241 [“Under the Realignment Act, qualified persons convicted of nonserious and nonviolent felonies are sentenced to county jail instead of state prison,” internal quotation mark omitted

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2004

My conclusion is also supported by certain well-established principles of statutory interpretation. … qualified psychologist.

Opinion No.

Texas Attorney General Reports · Nov 18, 1998

It is well established that section 16 prohibits retroactive laws only to the extent "they destroy or impair vested rights." 14 For this reason, a law is not invalid even though retroactive in operation unless vested rights … An officer who voluntarily resigns from office is clearly subject to article XVI, section 17. 22 As one court has noted, under article XVI, section 17 "an officer cannot arbitrarily divest himself of the obligation and authority

Attorney General Opinion No.

Kansas Attorney General Reports · May 31, 2000

To be eligible under HB 2462, a child must demonstrate satisfactory academic achievement and qualify under the National School Lunch Act for reduced cost or free meals. … The Establishment Clause of the Constitution of the United States, made applicable to the States through the Fourteenth Amendment, provides in pertinent part that "Congress shall make no law respecting an establishment of

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Bernhard, 562 S.W.2d 844,849 (Tex. 1978) (“[IIt is well established that every word in a statute is presumed to have been used for a purpose . . . and that the Legislature did not intend to do a useless thing by putting … Because the legislature has spoken clearly, we will look no further than the statute itself.“).

Opinion No.

Arkansas Attorney General Reports · Oct 31, 1989

It provides: None of the rates for property, excise, privilege or personal taxes, now levied shall be increased by the General Assembly except after the approval of the qualified electors voting thereon at an election, or … The Morley case also represents established precedent for the proposition that "rate of tax" is not to be construed synonymously with "amount of tax".

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

In that opinion a break in service had clearly taken place. In the present case, the constable has been in office continuously since before September 1, 1985, and seeks to continue in office through reelection. … He was not required to so qualify again.” Id. at 717-18 (emphasis added); see also Tex. Const. art. V, Q 18.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1943

But, you will note that a guardsman does not qualify for insurance merely by being in the guard. … by the guardsman who seeks to qualify.

No.

Colorado Attorney General Reports · Oct 17, 2005

Under this approach, a county must have within its boundaries a mine or related facility qualified for payment under the federal law. … Both federal and state laws clearly provide that the State is the intended beneficiary. 30 U. S.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1970

To qualify as an almsgfving charity, the Institution must meet the tests set forth in City Rite Benev. … Under the well established rules enumerated by case law, it Is our opinion that Lee Memorial Hospital makes no gain or profit, accomplishes ends wholly benevolent, and benefits per- sons, indefinite

Opinion No.

Arkansas Attorney General Reports · Dec 21, 2004

. § 25-19-105 (c)(2) establishes that these records would be subject to disclosure to you from your own file even if the other employee might have been able to avoid their disclosure to a member of the public. See Ark. … A.C.A. § 25-19-105 (b)(2). 1 If requested by someone other than an employee seeking access to his own personnel or evaluations records, such education records are clearly exempt from disclosure under A.C.A. § 25-19-105 (b

(1971)

60 Op. Att'y Gen. 438 · Wisconsin Attorney General Reports · Dec 10, 1971

However, I fully realize that despite this flexibility, county boards may not be able to utilize existing town, village and city lines in establishing supervisory districts and at the same time insure that each qualified … The requirement that such apportionment be made following each Federal decennial census quite clearly indicates that the census so taken is to be the basis of such apportionment.

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2005

The referenced "recommendation" would qualify as such only if it took the form of a suggestion made by the superintendent to the board regarding job action against the employee. … In my opinion, any such detailed recommendation would be analogous to a complaint in a judicial action, merely anticipating what will be alleged and what will remain to be established at the eventual hearing.