Case law

Opinion No. (2006)

California Attorney General Reports · Dec 1, 2006

of the retirement board of a public pension or retirement system shall diversify the investments of the system so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly … The Board's constitutional responsibility is to ensure that the necessary actuarial evaluation is performed by a well-qualified actuary.

Opinion No.

Texas Attorney General Reports · Apr 20, 1992

which property shall be valued in the amount indicated on an appraisal by a real estate appraiser who is a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established … (Emphasis added. ) In our opinion, the above-quoted provisions clearly contemplate that the applicant, in order to satisfy the security deposit requirement, has the option of either depositing a certificate of deposit, cashier's

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 California Attorney General Opinion

California Attorney General Reports · Nov 2, 1995

While section 8516 clearly contemplates that some extended warranties will include regular inspections (' 8516, subd. … The bill is . . . intended to provide better protection to consumers who enter into control service agreements with structural pest control companies by clearly establishing in statute what requirements must

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

The purpose of the Texas Antiquities Code, Article 6145-9, Vernon’s Texas Civil Statutes, is clearly set out in $ 2 which provides: “It is hereby declared to be the public … The Water Development Board was created by Article 3, s49c, of the Texas Constitution and is authorized to sell bonds to establish the Texas Water Development Fund which “shall

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1989

Article III, section 48-e, provides: Laws may be enacted to provide for the establishment and creation of special dis- tricts to.provide emergency services and to authorize the commissioners … Even if the constitutional provision permits the legislature to allow a county or counties to set any maximum tax rate up to ten cents on the $100 valuation, it clearly does not require the legislature to permit such

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1942

CLearly this was one of the reasons for llmitinc the enrollment to girl students.The use of tilebuildings and fnclllties of tbe college by the en- listedmen would certainly accomplishmany of the same results shouldmale students … military and naval trainin;,qualifying men student graduates of such courses for r=rve commis- aion ai7ard3, as a part of its curriculum.The Board of I!

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1965

at least flfty- one (51s) percent of the stock of the corpo- ration Is owned at all times by citizens who have resided wlth,inthe State for a period of three years and who possess the qualifi … The Court said that the requirement did not contravene the Prlvi- leges and Immunities, Equal Protection, and/or Due Process Clauses, but was calculated to aid In regulating the liquor traffic by rendering the licensee subject

Ago

Florida Attorney General Reports · Oct 1, 1976

as state depositories; (c) Withdraw any such money and use the same to meet the current needs of the patient or inmate as they may exist from time to time; (d) As such trustee to establish savings accounts, demand deposits … Interest so accrued shall be used or conserved for the personal use or benefit of the individual client as provided in subsection 402.17 (2)[,] it was clearly the specific intention of the Legislature that any and all interest

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 · Jan 24, 1989

Article III, section 48-e, provides: Laws may be enacted to provide for the establishment and creation of special districts to provide emergency services and to authorize the commissioners court of participating counties … 48-e, for counties with a population of 125,000 or less. 2 Even if the constitutional provision permits the legislature to allow a county or counties to set any maximum tax rate up to ten cents on the $100 valuation, it clearly

Opinion No.

Arkansas Attorney General Reports · Jan 31, 1996

More specifically, Act 1007 states: If a majority of the qualified electors voting on the proposition vote in favor of the issuance of the bonds, then the [State Highway] Commission shall proceed with the issuance of bonds … Clearly, the bonds cannot be "outstanding" if they have not been issued.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Section 36.160, Water Code,” if district’s establishment is defeated). … The 1999 Act, which provides that a district will be dissolved if its “establishment . . . has not been confirmed,” does not clearly permit the board of temporary directors to call and hold subsequent elections.

Maryland Attorney General Opinion 97 OAG 058

Maryland Attorney General Reports · Nov 20, 2012

Opinions of the Attorney General 365, 368 (1977) (describing the legislative history of Article XV and observing Gen. 58] 65 that the final version of the amendment “established … profession by demonstrating intolerance for unprofessional conduct”) (internal quotation marks omitted); compare 65 Opinions of the Attorney General 445, 449 (1980) (observing that “the primary purpose of Article XV, § 2 clearly

Opinion No.

Arkansas Attorney General Reports · Mar 7, 2001

Id. at 672. 8 Thus, while the plain language of art. 5, § 32 clearly prohibits the damages cap in House Bill 1382, the Arkansas Supreme Court in White engaged in an inquiry as to the "reasonableness" of legislation in the … City of Newport, 326 Ark. 667 , 933 S.W.2d 800 (1996) (enactment of municipal tort immunity statute not violative of art. 2, § 13) disagreeing with the analysis in Emberson v.

Opinion No. Oag 22-77, (1977)

66 Op. Att'y Gen. 85 · Wisconsin Attorney General Reports · Mar 8, 1977

No public access established under this chapter may be vacated except by circuit court action. "(4) Lake and stream shore plats . … The answer to the question is clearly "yes."

Opinion No.

Texas Attorney General Reports · Jan 8, 1990

The law, however, must clearly express public policy and establish administrative standards and guidelines so that the agency has only to make rules to which the legislative policy applies. … The rights, duties, privileges, or obligations granted or imposed must be definitely fixed or determined, or the rules by which they are to be fixed and determined must be clearly and definitely established, when the act

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1998

Clearly, the ADA forbids a licensing agency, such as yours, to deny or revoke a license to a qualified individual with a disability on the basis of the disability. … , a public entity may not establish (or, we believe, enforce) licensing requirements that discriminate on the basis of disability against qualified individuals with disabilities.4’ It is for the commission to consider

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 10, 1993

Three "affirmative" votes would call into question Councilmember Bradley's own vote, since the abstention would not so qualify. (See 55 Ops.Cal.Atty.Gen. 26, 29 (1972).) … Civil Code section 22.2, establishing the common law `in all the courts of this State,' appears to address a matter of statewide concern. (See Baggett v.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 3, 2020

Under any reasonable interpretation of that term, however, a benefits plan offered only to five council members and not to any other city employees would not qualify as a plan that “provide[s] benefits for large numbers of … the unlawful expenditures, but only if they failed to use due care or reasonable diligence in approving the excess benefits.25 Those who received the excessive benefits would be liable to the city for repayment,26 and no immunity