Case law

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

A legislative act must be sustained unless it is clearly invalid beyond a reasonable doubt. State v. City of Austin, 160 Tex. 348, 331 S. … On the contrary, the sections in question establish very adequate court procedures for the litigation of the rights of the interested parties.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1950

MO, 65 R.I. 96, 13 A.28 693. . a 0 . 0 Keeping in mind the nature of the business in which the complainant is en- gaged and the llmitatlons imposed thereon by established law we find that his contention … "However, it Is well settled that the privileges or immunities PePerred to in that section do not include the business of selling intoxicating liquor. In Crowleg v.

Opinion No.

Texas Attorney General Reports · Aug 23, 1988

An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. … of wastewater services to `maintenance' of existing services applies only to the requirement of subsection (b) that maintenance of such services be provided within 60 days of annexation, but that subsections (a) and (c) clearly

Opinion No.

Texas Attorney General Reports · Mar 29, 1995

Clearly, the rule contemplates that the stenographic transcription will be made by a certified shorthand reporter (or otherwise qualified person). … As noted in that opinion, it is a well-established principle of statutory construction that when a rule of civil procedure promulgated by the Texas Supreme Court conflicts with a statute, the rule must yield.

Ago

Washington Attorney General Reports · May 12, 1999

RCW 2.64.030 provides: Commission membership shall terminate if a member ceases to hold the position that qualified him or her for appointment. … Clearly, if the initial view of the facts based on the evidence derived from nonadversarial processes as a practical or legal matter foreclosed fair and effective consideration at a subsequent adversary hearing leading to

Opinion No.

Texas Attorney General Reports · Aug 1, 1989

The board may require individuals to pass an examination demonstrating their competence in the field in order to qualify for a Certified Applicator's License. V.T.C.S. art. 135b-6, § 4(a). … Unlike the new provisions of sections 7.41(a) and (b), which regulate only registrants and dealers who are under the jurisdiction of the department, subsection (c) clearly attempts to directly regulate licensees of the Structural

Opinion No.

Texas Attorney General Reports · May 23, 1988

Howard: You inform us that Orange County intends to establish a solid waste disposal system in which solid waste would be burned and the energy produced would be sold. … The act clearly permits any contract that provides for the supply of solid waste to contain a clause specifying that the supplier of solid waste supply a minimum amount.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 3, 1986

The latter phrase was interpreted by POST in 1978 in the course of establishing the training requirements for the three levels of reserves. … The courts give great weight to the interpretation of a statute by the administrative agency empowered to promulgate regulations to advance its purposes unless the interpretation is clearly erroneous. (Norman v.

Opinion No.

Arkansas Attorney General Reports · Feb 5, 2002

However, to establish this "association" is by no means to establish that revenue loss funding should be excluded from total state and local revenue per average daily membership. … Citizens to Establish a Reform Party v. Priest, 325 Ark. 257 , 261 , 926 S.W.2d 432 , 435 (1996).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

‘Prior to 1993, qualified persons could be granted social worker certification without examination. See Act of June 1, 1981,67th Leg., R.S., ch. 776,s 1,198l Tex. Gen. … of applicants for licenses under this chapter.“); Sunset Commission Recommendations to 68th Legislature (1982) at 19 (noting that the “state generally should only regulate a profession when the unregulated practice can clearly

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1961

"Traffic" as used herein is defined clearly in the case of Levlns v. State, 34 S.W. 969 (Tex.Crim. 1896). … ^ _ ^ alsregaraeo in tne searcn ror a proper rule ror con- struction, but must be given effect to, unless qualified or restricted by some potent provision of law rendering

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

To qualify for license renewal, a licensee annually must complete at least twenty hours of accredited continuing professional education. See 22 TEX. ADMIN. CODE tj 523.63 (2003); see also TEX. OCC. … In our opinion, if the legislature wished to automatically revoke an accountant’s certificate for nonrenewal of the license after two years and to require a reexamination, the statutory language would more clearly reflect

Maryland Attorney General Opinion 95 OAG 003

Maryland Attorney General Reports · Feb 23, 2010

The General Assembly has clearly answered that question “no” – an answer that the Court of Appeals has found to be constitutional. … They subsequently established a civil union in Vermont and later were legally married under Canadian law in Niagara Falls, Ontario.

Opinion No.

Texas Attorney General Reports · Jul 7, 1982

It establishes that article 14.09(B) is preempted only in the context of elections for federal office. … Clearly, the foregoing 1972 and 1978 discussions of `lowest unit charge' are FCC `constructions' of section 315(b).

(2010)

95 Op. Att'y Gen. 3 · Maryland Attorney General Reports · Feb 23, 2010

The General Assembly has clearly answered that question "no" — an answer that the Court of Appeals has found to be constitutional. … They subsequently established a civil union in Vermont and later were legally married under Canadian law in Niagara Falls, Ontario.

Opinion No.

Arkansas Attorney General Reports · Feb 16, 2000

[They must either hold a teaching certificate or be "qualified to hold" a certificate. … in the absence of an abuse of discretion or a conflict with clearly enunciated restrictions of state or federal law.

Opinion No.

Texas Attorney General Reports · Oct 10, 2000

Chapter 375 of the Local Government Code establishes municipal management districts. … Clearly, these two provisions use the words "tourist" and "visitor" in the same way.

Opinion No.

Arkansas Attorney General Reports · Feb 28, 2001

Arkansas Supreme Court offered the following concordant analysis: Exigent circumstances are those requiring immediate aid or action, and, while there is no definite list of what constitutes exigent circumstances, several established … Supreme Court in Welsh invoked Dorman only in support of the proposition that the gravity of an offense might in itself qualify as an exigent circumstance: " Without approving all of the factors included in the standard adopted

Opinion No. Oag 4-92, (1992)

80 Op. Att'y Gen. 167 · Wisconsin Attorney General Reports · Feb 19, 1992

For example, one who was a former elected official or an appointee of a present or former elected official, but not a "participating employe" on the effective date of section 1148m would qualify under such section if he or … Section 1148m applies equally to all members of the established class and thus satisfies the fourth part of the test.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

Wayne Thorbum - Page 4 W-0078) Because section 37.02(b)(3) exempts qualifying calls only from the requirements of section 37.02(a), however, the section 37.03 restrictions on charges to … Although the consumer is not entitled to more than a three-day cancellation period, clearly a seller may choose to provide more.