Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1940

Any person is qualified to x'eoeivea certificate of registration to praotice barberingr "(a) who is qualified under the provisions of Seotion 6 ofthis Aat* F(b) Who is at least eighteen (18) years of age … Under Sections 4 and 6 the holder of a "Class p' “%cen.seis entitled only to cut hair rlnderthat license ix a beauty parlor or a hairdressing establishment.

Untitled California Attorney General Opinion

California Attorney General Reports · May 24, 1990

This qualification, i.e., an established obligation, applies, therefore, to all sources of funding. … As used in another context, the phrase "personal and incidental needs" clearly suggests an amount to be paid to, and not charged against, the recipient.

Opinion No.

Texas Attorney General Reports · Sep 3, 2003

connection with the offense; (20) Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune … Busby clearly requires a conclusion that this payment is not, as a matter of law, related to a defendant's rehabilitation and is, therefore, impermissible under section 11(b).

Opinion No.

Arkansas Attorney General Reports · Aug 23, 2006

Second, the applicable statute in such judicial actions, A.C.A. § 7-5-207 (b), requires a candidate for office, with certain exceptions not applicable here, to be "qualified and eligible at the time of filing as a candidate … Applying this definition clearly requires reference to the surrounding facts. Id. at 3. See also Ops. Att'y Gen. 98-095 ; 98-288; 97-359; and 93-324.

Opinion No.

Texas Attorney General Reports · Oct 31, 2002

, 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.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1942

We also held that such officer was entitled to his salary during the term of his office, or until a vacancy was established. … McFarland being the present coun- ty attorney of your county, the appointment of someone by the commissioners' court to serve as county attorney could be nothing more than the appointment of' an assistant, which is clearly

Opinion No.

Texas Attorney General Reports · Oct 18, 1985

Section 11a of article 8306, V.T.C.S., sets forth several specific injuries for which "incapacity shall conclusively be held to be total and permanent," thus qualifying the claimant for lifetime benefits under section 10( … Clearly, when a claimant has an uncertain claim, he may validly settle for any amount which would be less than the amount of lifetime benefits he might receive in an award; this is the nature of a Compromise Settlement Agreement

Opinion No. (1998)

Nebraska Attorney General Reports · Jan 20, 1998

The Tribal enterprise in this case clearly involves `value generated on the reservation by activities involving the Trib[e].' 462 U.S. at 341 ( quoting Washington v. … Chickasaw Nation, 515 U.S. 450 , 463-64 (1995) (immunity of Indians and Indian tribes from state taxation "does not operate outside Indian country.").

Opinion No.

Arkansas Attorney General Reports · Mar 19, 2010

This authority is qualified by the requirement that the land to be annexed fall within one or more of various conditions set forth in A.C.A. § 14-40-302 (Supp. 2009). A.C.A. § 14-40-501 (b)(1). … Subsection (a)(2) provides that a positive vote will establish a "prima facie case for annexation" and directs the city to "proceed to render services to the annexed area."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1969

Barlow, Page 2 (M-328 ) Sections 14 of Article VIII of the Texas Constitution establishes the office of assessor and collector of taxes and provides therein that he . . . shall perform … That Court declared: The above articles and the court Interpretations placed thereon clearly define the scope of authority of the county commissioners court sitting as a board of equalization with respect

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

This statutory requirement is consistent with Texas case law which recognizes that words in a statute should be given their ordinary and popular meaning unless a contrary intent is clearly apparent from the use of the words … Id.$26.0.5(d); see id.9 26.06 (establishing requirements for notice, hearing, and vote); STATEPROPERTYTAX BOARD,TRUTH IN TAXATION1991: A GUIDE FOR SETTINGTAX RATES,at 4, 8-9 (1991) (stating -requirements for notice, hearing

Opinion No.

Arkansas Attorney General Reports · Jul 18, 2001

The problem is that these methods do not provide sufficient guidance for establishing the taxpayer's entitlement to such repayment. … The third method (in Section 3(a)(3)) provides for no required process of establishing entitlement to the payment.

Opinion No.

Texas Attorney General Reports · Mar 28, 1996

Article XVI, section 17 provides that officers "shall continue to perform the duties of their office until their successors shall be duly qualified." … An incumbent who remains in office under this provision may continue to carry out his duties without being reappointed or qualifying for office again.

Opinion Number

Louisiana Attorney General Reports · Feb 16, 2011

The phrase, "travel expenses," is not clearly defined within either resolution. … However, what qualifies as a travel expense will have to be determined on a case-by-case basis under the foregoing resolutions.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

The proposed amendment would put decisions about construction, repair, etc., in the hands of those most qualified to make them - the members of the governing board of each college, No group is better acquainted with a college … .; see also id. 5 10 (establishing University of The Honorable Russell W. Malm - Page 3 (X-0170) Texas and Texas A&M University); $5 11, lla, llb (establishing and governing Permanent University Fund).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2007

IT-Davy, 74 S.W.3d 849,859 (Tex. 2002) (stating that Legislature knows how to waive sovereign immunity and citing to Texas Tort Claims Act as example of Legislature’s knowledge); FM Props. Operating Co. v. … V, 3 21 (“A County Attorney shall be elected by the qualified voters of each county .“).

Opinion No. Oag 12-93, (1993)

81 Op. Att'y Gen. 78 · Wisconsin Attorney General Reports · Oct 26, 1993

to establish statewide regulations with respect to rail safety. … It is the Secretary, however, who is expressly authorized to delegate to qualified persons the functions of examining, inspecting and testing. 45 U.S.C.A. § 437 (a) (West Supp. 1993).

Opinion No.

Texas Attorney General Reports · Dec 28, 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. 41 It is for the commission to consider in

Opinion Number

Louisiana Attorney General Reports · Jan 22, 2002

Several years ago the board of aldermen established my salary at $3.75 per hour. At one time I worked part-time, but for the past several years I have been full-time. … I have also refused to make known which hours of the day were worked since would-be criminals could establish a trend from this.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

The Court noted that while preventing corruption qualifies as a compelling state interest, the state had not demonstrated any actual corruption to be remedied. Id. … Burris, 146 F.3d 563 (8 th Cir. 1988), it is clearly the case that constitutionally acceptable limits can be imposed through legislation. See Nixon v.