Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2005

individuals who import prescription drugs, the Secretary should focus on cases in which the importation poses a significant threat to public health and should permit individuals to import prescription drugs where the drugs are clearly … Clearly, Congress enacted section 3 8 1(d)( 1) and the other import provisions in the FFDCA with the goal of controlling the types of drugs that could be legally imported into

Opinion No.

Texas Attorney General Reports · Feb 12, 1990

The subsection made the creation of such a fund contingent upon the approval of a majority of the qualified voters of the a county. … This Act takes effect on adoption by the qualified voters of this state of S.J.R. No. 3, 64th Legislature, Regular Session.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1941

"The Legislature may establish suoh other courts as it may deem neoessary and prescribe the jurisdiotion and organization thereof, and may oonform the jurisdiotion of the Mstrict and other inferior … There shall be established in eaoh oounty in this State a County Court, which shall be a court of reaord; and there shall be elected in each county, by the qualified voters, a County Judge

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

for four years, and until his SUCC~SSOI shall be elected and qualified. … Section 574.031 establishes general guidelines for proceedings for court-ordered mental health services.

(1998)

83 Op. Att'y Gen. 142 · Maryland Attorney General Reports · May 26, 1998

Finally, the arrangement must meet any other requirements established by the Secretary of Health and Human Services. Id . … In this case, a compensation arrangement clearly exists.

Opinion No. Oag 11-84, (1984)

73 Op. Att'y Gen. 45 · Wisconsin Attorney General Reports · Feb 28, 1984

information, whether recorded or not, relating to a patient, received or acquired in connection with the performance of any alcohol abuse or drug abuse prevention function, whether such receipt or acquisition is by a program, a qualified … In some situations, however, it may be necessary to subpoena the hospital employe in order to establish those facts.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2009

To establish residency under this provision, section 54.053(3) requires a person to submit information to establish the resident status and "if the person is not a citizen or permanent resident of the United States, an affidavit … Federal Statutory Preemption Under the Supremacy Clause of the United States Constitution, "any state law, however clearly within a State's acknowledged power, which interferes with or is contrary to a federal law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1986

After discussions with no less than three firms, ani, on the basis of established and published criteria, the agency selecta no less than three firms deemed to be the most highly qualified to provide the services required … In the second stage of the process, the agency head then enters into negotiation with the firm selected a3 the most qualified.

Opinion No.

Arkansas Attorney General Reports · Mar 30, 2004

The provisions of A.C.A § 14-43-504 (b) are old, dating back verbatim to Act 1 of 1875 , which established cities of the first class. Acts 1875, No. 1 , § 53. … It may be significant that the only other references to "officers" in § 53 of Act 1 are to "officers of the police and watchmen" — a restricted category that may qualify the provisions of A.C.A. § 14-43-504 (b)(1).

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 22, 1992

Thus, "restrictions" that limit or qualify the use or activity in question do not imply the exclusivity as when something is "restricted to" a particular use or activity. (See, e.g., Takahashi v. … Clearly, if the constitutional provision restricted activity to research and management, the argument could be made that sport and commercial fishing would be a part of the restricted use of the reserves, i.e., managed harvest

Ago

Washington Attorney General Reports · Sep 19, 2008

There were no statutory provisions establishing any other general election cycle. … Although the statutes are not explicit on this point, we think they clearly imply that petitions are to be canvassed with respect to the next general election occurring after they are filed.

Opinion Number

Louisiana Attorney General Reports · Apr 6, 2001

The procedure outlined in R.S. 32:398.2 clearly indicates that the mayor's court, having appropriate jurisdiction, is the proper depository for local traffic citations. … R.S. 33:401 (See above) establishes the role of the mayor as "manager" of the municipality, its property, and finances.

Opinion No.

Arkansas Attorney General Reports · Jul 27, 2004

However, the Code clearly envisions that a charter will be "a performance-based contract" calling for "conditional operation" of such schools as public institutions. A.C.A § 6-23-103 (1). … I am unable to opine as to whether a school's charter status in itself would qualify as an "unusual and limited" circumstance.

Opinion No.

Texas Attorney General Reports · Dec 22, 1982

The underscored portions of section 51.203 establish that: (1) institutions of higher education may only employ campus security personnel to carry out the provisions of chapter 51, subchapter E of the Education Code, and … In our opinion, it clearly has a concomitant right to assign its police officers to enforce institutional rules at these games.

Opinion No.

Texas Attorney General Reports · Mar 29, 1993

Deputy constables are provided for by law and qualify in the same manner as deputy sheriffs. … a school board may employ security officers "for the purpose of carrying out the provisions of [subchapter M of chapter 21 of the Education Code]" and that these officers are "vested with all the powers, privileges, and immunities

Opinion Number

Louisiana Attorney General Reports · May 1, 2009

*Page 2 On July 9, 1974, and due to the increased needs of the parish, the Beauregard Parish Police Jury established Waterworks District No. 3 of Beauregard Parish. 2 In addition, the purpose of establishing the District … be in the public, said purposes to be carried out by the District on either an annual cash basis or through the funding of the avails or proceeds of said special tax in the manner provided by law. 3 [emphasis added] As clearly

Opinion No.

Arkansas Attorney General Reports · Feb 14, 2003

These provisions, located within the proposed definitions of "type 1" and type 2" transfers, clearly provide that no other element of the definitions setting forth the terms of a transfer will apply if such application would … Subject to the Amendment 33 qualifier discussed above, Section 3 of the proposed legislation calls for an even more draconian curtailment of a transferred entity's authority attending a type 2 transfer.

Opinion No.

Arkansas Attorney General Reports · Apr 30, 2010

In my opinion, however, this statutory authority is qualified by an implied proviso that the lease agreement must serve some legitimate public purpose. … No. 2007-153 : Cities and counties clearly can enter into contracts that are supported by valid consideration. See Ops. Att'y Gen. Nos. 1998-025 and 97-250; A.C.A. § 14-54-101 (2); City of Ft. Smith v.

Opinion No.

Arkansas Attorney General Reports · Oct 25, 2005

The power to appropriate funds for a purchase of property on behalf of the county clearly resides in the quorum court. … Within the context of the specific question as qualified by my remarks regarding the respective roles of the quorum court and the county judge, I believe a finder of fact would likewise inquire whether the above market-value

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1946

title provides that the boude of a county ehallnever be lesued for any purpose unless a proposition for the leauance of such bonda shell have been first eubmltted to the qualified … The above quoted statutes provide, the manner end method by ,whlch counties may establish end finance county parl!