Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

May the Harris County Hospital District legally employ qualified religious persons in training positions, which lead to qualifi- cations as Hospital Chaplains?" … and universal construction and ac- quiescence by all state officers and the public should not and will not 'be declared illegal by the Attorney General, in the absence of a controlling decision of our cousts, unless it is clearly

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 5, 1997

The nurse must essentially furnish "proof that the applicant is competent and qualified." … "A statute operates prospectively unless its language clearly indicates that the legislature intended that it operate retrospectively. . . .

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2005

RESPONSE In my opinion, a city or county does not have authority to levy a real estate transfer tax because Arkansas law does not clearly authorize the imposition of such a tax and doubts as to whether such authority exists … (c) An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules and regulations governing the matter or if enforcement of standards or requirements established

Opinion Number

Louisiana Attorney General Reports · Dec 14, 2007

You have asked that we address some rather broad questions, and we have tried to answer them as clearly and comprehensively as possible. … Each director shall hold office for the term for which he was named or elected, and until his successor is elected and qualified.

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2005

The highlighted language clearly invests the sentencing court with discretion to determine whether to revoke a suspension and resentence the offender. … With respect to a court's resentencing authority under the Act, this general principle is qualified only to the extent that the ADC or the Post Prison Transfer Board may direct that an offender resentenced to incarceration

Ago

Florida Attorney General Reports · Jan 26, 2007

Chapter 171 , Florida Statutes, is the "Municipal Annexation or Contraction Act." 1 The purposes of the act are to establish uniform procedures for adjusting municipal boundaries through annexation or contraction of corporate … This office is without authority to qualify or read into a statute an interpretation or define words in the statute in a manner that would result in a construction that seems more equitable under circumstances presented by

Opinion No. Oag 103-79, (1979)

68 Op. Att'y Gen. 352 · Wisconsin Attorney General Reports · Nov 8, 1979

It is a well-established principle that an administrative agency possesses every power which is necessarily or reasonably implied in an express grant of power and which is indispensable to the exercise of the power expressly … Clearly, a juvenile may be apprehended, just as an adult may be arrested, for an escape from a secure correctional facility. *Page 361 Therefore, my answers remain the same where the escapee is a juvenile. DJH:SDE

Opinion Number

Louisiana Attorney General Reports · Apr 19, 2001

R.S. 56:366(B) and 279(B) establish the goals of the Council. … We further believe the terms of the reimbursement should be clearly set forth in the cooperative endeavor agreement.

Opinion No. (2004)

California Attorney General Reports · Feb 11, 2004

It is well established that the financial interest of one spouse will be attributed to the other spouse for purposes of section 1090. (Thorpe v. … While clearly the governing board may delegate its contractual authority to the district superintendent (Ed.

Ago

Washington Attorney General Reports · Dec 21, 2010

The question then is what type of language is necessary in order for a more specific statute to prevail over the general rule established by RCW 36.29.020 . … In this instance, the general rule is established by RCW 36.29.020 , which provides for sweeping certain interest into the county current expense fund.

Opinion No.

Arkansas Attorney General Reports · Mar 19, 2004

(Supp. 2003), the legislature established the Arkansas Public Defender Commission as a state agency to standardize at a state-wide level the operations of the public defenders' offices, including the management of their financial … Under such conditions, administrative interpretations should not be overturned except for cogent or weighty reasons, and, ordinarily, they will be held controlling and followed unless they are clearly wrong, unreasonable,

Opinion No.

Arkansas Attorney General Reports · Mar 9, 2000

What is striking about this passage is that it appears somewhat to qualify the proscription against assistance even to "private enterprises" by adding "with a view to gain." … As established in McCutchen , it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified as

Opinion No.

Arkansas Attorney General Reports · Dec 28, 2005

I think the intent of your proposal is clearly not to have a decrease, but the uncertainty may give the voters "serious ground for reflection." … An ambiguity arises under these provisions as to whether the sovereign immunity of the State is superseded or waived in the context of these enforcement actions.

No.

Colorado Attorney General Reports · Feb 27, 1996

All of the incentives currently authorized under the Act provide either a tax credit or a tax exemption. 9 Thus, the Enterprize Zone Act clearly sets out tax policy for the State of Colorado. 10 Having determined that the … specific criteria for establishment of zones and tax credits.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1971

"The county judge has stated that he regards his original certificate as insufficient in that it must certify not only that he is dis- qualified but als,o that the parties have failed to … Article 1931 quite clearly requires that the county judge "shall certify his disqualification to the Governor and the failure to agree upon another to try the same" (emphasis added), unlike the provisions of'its sister

Opinion No.

Texas Attorney General Reports · Jan 17, 1992

The chapter establishes the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) and authorizes it to adopt rules to administer the implementation of the statutory provisions. … He was not required to so qualify again." Id. at 717-18 (emphasis added); see also Tex. Const. art. V , section 18 .

Opinion No.

Arkansas Attorney General Reports · Aug 22, 2008

Given that the subject of the request is a former state employee, I believe documents containing the requested information clearly qualify as "public records" under this definition. As I stated in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2005

By its plain terms, however, section 692.015 establishes a rule of construction only for Health and Safety Code chapter 692, the Texas Anatomical Gift Act. See id. The Honorable David K. … Section 693.002(a) of the Health and Safety Code governs this issue and it is clearly intended to facilitate timely organ removal for transplantation. See TEX.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1975

to renew shall continue for more than one year after the date of expiration of the registration certificate, the applicant must reapply for registration and must qualify … In our view, the statute clearly prohibits a person from practicing landscape architecture after the expiration of his license.

Opinion No.

Texas Attorney General Reports · Aug 12, 2011

Clearly, the Legislature knows how to prohibit such dual service, but has not done so in the situation you present. See Tex. Att'y Gen. Op. No. GA-0779 (2010) at 3 (citing FM Props. Operating Co. v. … It is well established that both positions must be public offices in order for "conflicting loyalties" incompatibility to be applicable. Tex. Att'y Gen. Op. Nos. GA-0350 (2005), GA-0169 (2004), JM-1266 (1990); Tex.