Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1947

Gibbs, Page 5, V-280 uniform rates shall be established and maln- .talned,a0 as to'secure all persons equality 8s to burden.3imposed, &g We11 811to b8IEiflt8 derived, by preventing dlsorlminatlon by … This appsars to b8 Clearly required by the langusgt of Section 21 authorlSlng the appointment "In any county , 0s 8 "person, firm or corporation own3 nd operating an ab- stract plant In such county."

Attorney General Opinion No.

Kansas Attorney General Reports · Jun 20, 2007

When interpreting this provision, an appellate court will first look to the intent as expressed in the language. 2 If the language is plain and unambiguous, the court is obligated to implement the expressed intent. 3 Clearly … While the Authority is an instrumentality of the State, it also operates as a corporate entity 30 and, as such, is authorized to establish bylaws. 31 Bylaws are self-imposed rules resulting from an agreement or contract between

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Section 108.01 O(f) gives the Council broad discretion to determine how it will assess provider quality data, stating, “The methodology adopted by the council for measuring quality shall include case-mix qualifiers, severity … Clearly, the Council may use provider quality data collected under section 108.010. But section 108.010, unlike 108.011 (c), does not limit the Council to preparing reports using particular data.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 1, 1988

With this particular organization established for review of subdivision maps filed with the city, the city recently amended its subdivision ordinance to include the planning director/development director as an "interested … "Using the ordinary or common definition of the word 'interested,' the Director is clearly such a person.

Opinion No.

Arkansas Attorney General Reports · Jul 17, 2002

I do not believe any vehicle or trailer subject to taxation under the above standards would qualify for any of the exemptions set forth at A.C.A. §§ 26-52-401 et seq. and 26-53-114 , which carve out exceptions to sales tax … As the Court made clear Northwest Airlines, supra, corporate citizenship of this sort clearly subjects an entity to the state's taxing authority. Question 2 ?

Opinion No.

Arkansas Attorney General Reports · Nov 20, 1998

Its purpose is not to establish a right. Hicks v. Gravett, 312 Ark. 407 , 849 S.W.2d 946 (1993). … I am not aware of any state agency that is qualified or authorized to advise citizens concerning the proper format for referenda.

Opinion No. (1998)

California Attorney General Reports · Sep 30, 1998

We qualify this statement because we have been confronted before with positions with impressive titles which we concluded were employments because little power was wielded. … The position of city manager clearly meets the tests of being a public office in that it is established by law, the tenure is permanent and continuing, and the person holding the position is vested with the power to perform

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1950

Thereafter, the term of orrlce of each appointee shall be ror six (6) years and until their suc- cessors are appointed and qualify. … Provision r0r such legislative expression Is, clearly found In the constitutional section just re- cited, which constitutes unambiguous constitutional au- thority for the provision concerning

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

The employment of a laborer to dig a ditch using his own pick and shovel, on the other hand, is clearly a contract for personal services. … But a “profession” must be established es such.

Opinion No.

Arkansas Attorney General Reports · May 2, 2008

The general provisions establishing the Department's authority are set forth in A.C.A. §§ 25-10-101 through -139 (Repl. 2002 Supp. 2007). … In addition, the Board clearly has the power to hire the Commissioner independent of the Director of DHS.

Opinion No.

Texas Attorney General Reports · Oct 22, 1985

the Public Health Service is deemed to be active military service in the armed forces of the United States for the purposes of laws administered by the Veterans' Administration and for purposes of all rights, privileges, immunities … Domicile clearly involves issues of fact, and this office is not equipped to make such factual determinations in its opinion process.

Opinion No. (1981)

Nebraska Attorney General Reports · Apr 17, 1981

However, in the case of (c), a towing or power unit could qualify for apportional registration when operated in combination with a trailer or semi-trailer if the combination is in excess of twenty-six thousand pounds gross … However, mere usage alone cannot be invoked to invest administrative agencies with authority or powers not clearly within their legislative grant.

Maryland Attorney General Opinion 109OAG96

Maryland Attorney General Reports · Dec 30, 2024

The Maryland Vehicle Law establishes sixteen classes of vehicles for registration, none of which, on their face, encompass side-by-side utility vehicles. … persons and which [are] constructed on . . . truck chassis or with special features for occasional off-road operations,” have three wheels, or are of “unique design[s] that do[] not clearly

Attorney General Opinion No.

Kansas Attorney General Reports · Jun 13, 2002

The KORA applies to all "public records" possessed by a "public agency." 3 A county sheriff's office qualifies as a public agency subject to the KORA. … Subsection (a)(1) includes an exception to disclosure, based upon laws outside the KORA itself. 11 The Kansas Criminal History Record Information Act ("CHRI"), 12 specifically K.S.A. 2001 Supp. 22-4707 , clearly mandates

(1974)

63 Op. Att'y Gen. 516 · Wisconsin Attorney General Reports · Oct 8, 1974

You ask whether par. (2) (Lm) qualifies the meaning of the term "trade discounts" in determining "cost to retailer" as defined in sec. 100.30 (2) (a), or whether the statute is a nullity in view of the fact that it is phrased … *Page 517 The term "trade discounts" as used in the par. (2) (a), which contains the statutory formula for determining cost to retailer and which cost is the foundation for establishing violations of sec. 100.30 by retail

Opinion No.

Texas Attorney General Reports · May 29, 1981

The employment of a laborer to dig a ditch using his own pick and shovel, on the other hand, is clearly a contract for personal services. … But a `profession' must be established as such.

Opinion Number

Louisiana Attorney General Reports · Sep 16, 2011

As described by La.R.S. 33:9091.17 (C), it was established "for the purpose of promoting quality of life initiatives of the Broadmoor Improvement Association (BIA) that cater to residents living in the area included within … As the above definition clearly includes "district" and the statute creating the BID designates the BID as a political subdivision of the state, it is clear that the BID is a "public body" as envisioned by the Public Records

(1974)

63 Op. Att'y Gen. 545 · Wisconsin Attorney General Reports · Nov 7, 1974

An ordinance prescribing the conditions upon which streets should be laid out or improved and the procedure to be adopted in accomplishing these purposes would, I suppose, be clearly legislative in character. … (c) Counties and municipalities may and should establish a code of ethics for local public officials."

California Attorney General Opinion 24-1002

109 Ops.Cal.Atty.Gen. 1 · California Attorney General Reports · Feb 12, 2026

And it was established in 68 Ops.Cal.Atty.Gen. 337, 350 (1985) that “a district superintendent of schools is a public officer under the incompatibility of public office doctrine.” … here is not to resolve the merits of the proposed action. 31 But we are mindful of the general principle that “the right to hold public office is a fundamental right of citizenship that can be curtailed only if the law clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1973

Smith’s third question asks what proof the tax assessor should require to establish that the taxpayer ia over sixty-five. There is no definitive answer. … Our answer’ would have to be that he would retain the exemption if the homestead facttially qualified as his re,sidence homestead.