Case law

Opinion No.

Texas Attorney General Reports · Jan 15, 1986

An example of the latter is an individual whose term of office has expired but for whom there is no qualified successor. … court, discussing article IV, section 12, said: The language, `If rejected, said office shall immediately become vacant, and the governor shall, without delay, make further nominations, until a confirmation takes place,' clearly

Opinion No.

Arkansas Attorney General Reports · Aug 1, 2003

Moreover, this authority is qualified by A.C.A. § 14-235-304 , which prohibits a municipal board of health from ordering or compelling anyone to construct a hookup running more than 300 feet from his property. … In order to establish an equal protection violation arising out of a classification that does not affect a suspect class or a fundamental right, it is necessary to show that the disparity is arbitrary.

Maryland Attorney General Opinion 97 OAG 003

Maryland Attorney General Reports · May 18, 2012

Att’y In 2004, the General Assembly returned to § 21-507 to authorize Anne Arundel County to establish a licensing program for individuals and qualified charitable organizations—including fire companies—who wish to … And that charitable organizations are regulated under the Business Regulation Article, as the 2004 advice letter points out, says little about whether charitable solicitations were intended to qualify as “business” for purposes

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1943

In our Opinion No. o-265 and,in subsequent Opinions, the tax immunity accorded lands held by the State after the expiration of the period of redemption was rested upon the principle that, absent a clear expression of intent … Property held by the State after the ex- plratlon of the period of redemption clearly falls wlthin this principle; the status of such property prior to the expiration of the period is not so easily discernible, but if such

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

the amount indicated on an appraisal by a real estate appraiser who is a member in good standing of a nationally recognixed professional appraiser society or trade organization that has an established … In our opinion, the abovequoted provisions clearly contemplate that the applicant, in order to satis@ the security deposit requirement, has the option of either depositing a certificate of deposit, cashier’s check, cash or

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

Clearly, the State Senior College System has been ltgi6latively designed to perform the function, inter-&a. … We do not believe a rigid, requirement that all other colleges and universities must institute 1*p6rformance based” programs to qualify their graduates for Texas teaching certificates is consistent with the plain (and recently

Opinion No.

Texas Attorney General Reports · Nov 3, 1999

Hospital employee who is "displaced as a result of a contract entered into . . . under this Act or the transfer of services from the South Texas Hospital" to an open position within the Department for which the employee is qualified … DM-234 (1993) at 4 (rule of statutory construction in section 311.025 (b) of the Government Code does not apply where the legislature has "clearly expressed its intent with regard to the proper course should a provision of

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Hospital employee who is “displaced as a result of a contract entered into under this Act or the transfer of services from the South Texas Hospital” to an open position within the Department for which the employee is qualified … DM-234 (1993) at 4 (rule of statutory construction in section 3 11.025(b) of the Government Code does not apply where the legislature has “clearly expressed its intent with regard to the proper course should a provision of

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1980

Recent Texas cases have emphasized that one who seeks a favored position with reference to the imposition of taxes labors under the burden of showing clearly that he comes within the terms of the … Mnd rs where the framers of a constitutional provision regarding a tax exemption have not specified when a taxpayer must show himself qualified

No.

Colorado Attorney General Reports · Jun 11, 1979

A continuing problem has not been clearly resolved by H.B. 1096. The amendment to C.R.S. 1973, 17-24-106 (1)(j) empowers Correctional Industries to borrow money "pursuant to section 24-75-203 , C.R.S. 1973." … The audit report has pointed out, however, that Correctional Industries does not qualify for a loan under the provisions of 24-75-203 (2)(a). H.B. 1096 does not amend subsection (a) of that statute.

Opinion No.

Arkansas Attorney General Reports · Mar 14, 2011

In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law." … It purports to "establish the use, possesion [sic] and cultivation" of marijuana for medical purposes, "as authorized" by the constitution. How does one, or a law, "establish" the "cultivation" of a plant?

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1949

That being true, the election of January 1936 which at most was only voidable, and subject to be set aside, if at all, only by a proper contest thereof; established justice precinct No. 1 as a dry area." … Such a circumstance Is clearly distinguishable from the situation present here.

Opinion No.

Texas Attorney General Reports · Jun 16, 1987

The challenged restraint must be clearly articulated and affirmatively expressed as state policy, and the policy must be actively supervised by the state itself. 3. … The court stated that the California regulatory scheme was a system of regulation, clearly articulated and affirmatively expressed, designed to displace unfettered business freedom in the matter of the establishment and relocation

Attorney General Opinion No.

Kansas Attorney General Reports · May 22, 2000

nomination of all candidates to be voted for at the next following general election." 17 The names of candidates for county offices whose names may be printed on the official primary election ballot are those persons who have qualified … The county commission also possesses the authority to alter the terms of the members of the county hospital board. 23 "Kansas law clearly establishes the incumbent to a public office enjoys no property or vested interest

Ago

Florida Attorney General Reports · Nov 7, 2007

According to information you have submitted, several local establishments are conducting "Calling Card Sweepstakes" (the sweepstakes) as developed by Phone-Sweeps, LLC. … Fla. 89-05 (1989), in which this office determined that a coin-operated "crane game" qualifies as a slot machine or device within the meaning of Ch. 849 , Fla.

Opinion No. (2004)

California Attorney General Reports · Dec 22, 2004

Chapter 3 establishes the commission. Chapter 4 establishes disclosure requirements for candidates' significant financial supporters. Chapter 5 places limitations on campaign spending. … Eu (1976) 18 Cal.3d 371 , 376-378 [spending limits for circulating petition to qualify initiative measure for ballot]; Citizens for Jobs Energy v.

Opinion No.

Texas Attorney General Reports · Feb 7, 1992

Section 23.024 (a) of the Local Government Code provides: To be eligible for the office of mayor, alderman, or marshall of the municipality, a person must be a qualified voter in the municipality and must have resided within … statutes prescribing candidate qualifications may be read as cumulative of each other, we think that a legislative intent that one statute apply exclusively, within the meaning of section 141.001(c), must be express or clearly

Opinion Number

Louisiana Attorney General Reports · Sep 15, 2006

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So. 2d 867 (La.App. 1st Cir. 1991), Writ Denied. … Article VII , Section 14 of the Louisiana Constitution clearly prohibits the donation of public funds.

Opinion No.

Arkansas Attorney General Reports · Sep 3, 2009

As always, the person claiming the right will have the burden of establishing it. In applying this law to the six requested items, and given your responses, we can arrive at some tentative conclusions. … Generally, even if a letter of resignation constitutes an employee evaluation record, it is not releasable because a resignation rarely qualifies as a "termination." E.g. , Op. Att'y Gen.

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2002

I should note at the outset that you have provided me no documentation establishing that Candidate A was indeed "a convicted felon" at the time he filed as a candidate. As discussed in Ark. Op. Att'y Gen. … At issue, then, is whether Candidate A's action in meeting the conditions for eligibility prior to the election might somehow cure the fact that he was clearly ineligible at the time he filed to run.