Case law

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Florida Attorney General Reports · Mar 3, 1978

The court noted that the primary intention of the Legislature was to establish uniform qualifying dates for candidates for state and county offices; and that, therefore, a special law which established different qualifying … Clearly, such a candidate cannot qualify as an independent or minor party candidate (who must qualify by filing qualifying petitions; see ss. 99.096 and 99.0955 , F.

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Colorado Attorney General Reports · Nov 14, 1979

Power Light Co ., 435 U.S. 389 , 399 (1978) "Antitrust laws will not be displaced unless it appears that the antitrust laws and regulatory provisions are clearly repugnant.") … The Fifth Circuit affirmed the district court's finding that the rule clearly violated the Sherman Act, that a combination and conspiracy existed, and that the board was not immune under Parker v.

Opinion No.

Arkansas Attorney General Reports · Jan 23, 2006

hence qualifying the contract as a "county interlocal agreement." … If my reading of this statute is correct, your proposed agreement may well not be subject to my approval despite the fact that it clearly calls for a "permanent or perpetual" relationship as that term is statutorily defined

Opinion No.

Arkansas Attorney General Reports · Jun 12, 1992

In a challenge, which might be based upon the equal protection, privileges and immunities, or due process clauses, the applicable standard would be the rational basis test. … The rationale of these cases requires that an applicant pass because it is not deemed "rational," under the "rational basis test," to hire an unqualified applicant over one who is qualified.

Opinion No.

Texas Attorney General Reports · Jun 16, 1983

The answer is clearly `no.' … He must refuse to grant such status to land which does not qualify in this way.

Attorney General Opinion No.

Kansas Attorney General Reports · Sep 2, 1999

Upon establishment of the district, the qualified electors are to elect by ballot the first members of the board of trustees. 4 The members are elected to designated terms of one, two, and three years. 5 The terms of office … pursuant to K.S.A. 80-2501 et seq . from the methods set forth in subsection (a)(1) or (a)(2) of K.S.A. 80-2508 to election pursuant to subsection (a)(3) or (a)(4) of K.S.A. 80-2508 fails to clearly establish whether the

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Florida Attorney General Reports · Mar 26, 2003

At that time, both owners established qualified personal residence trusts with one owner serving as the other's trustee. The owners were advised that each had to file for the homestead exemption. … It is an elemental part of the tax law of Florida that, in order to qualify for the benefit of a tax exemption, the person seeking the exemption must clearly come within the requirements and scope of the law granting the

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1989

Clearly, in order to "see that all laws respecting insurance . . . are p. 5784 Mr. … that an exterior door would not qualify if it had glass panels.

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Florida Attorney General Reports · Mar 28, 1978

Although the Legislature has clearly given the PSC rulemaking authority, it has not granted to PSC the authority to establish, by rule, a uniform rate system for the motor carrier industry. … Applicable case law clearly establishes that there is no delegation of authority to private persons under these circumstances so long as the administrative agency makes the final determination. See State v.

Attorney General Opinion No.

Kansas Attorney General Reports · Feb 5, 1997

District State Capitol, Room 120-S Topeka, Kansas 66612-1504 Dear Senator Salisbury: Your request our opinion regarding whether the Legislative Coordinating Council's policy on nepotism unfairly discriminates against otherwise qualified … The Court first established the analysis to be used in determining the policy's constitutionality under the Equal Protection Clause, U.S.

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Florida Attorney General Reports · Feb 13, 1985

Thus, exemptions have been granted to church, municipal, county and certain qualified institutions' cemeteries, and trust funds established for the care and maintenance thereof, but only if the provisions of § 199.072(1)( … Judicial decisions in this state have clearly held that exemptions in a taxing statute are to be strictly construed against the taxpayer. See, e.g., State Department of Revenue v.

Opinion Number

Louisiana Attorney General Reports · Jan 30, 2007

As noted by the Court in Meyers , "[s]ince the object of plaintiff's suit is to secure an exemption from taxation, the exemption must be clearly established." Id. … It is our opinion that there is no evidence that such an exemption is established, clearly or ambiguously, in the Louisiana Constitution.

Opinion Number

Louisiana Attorney General Reports · Nov 9, 2000

Significantly, the Court clearly stated that: "[A]bsent express federal law to the contrary, Indians going beyond reservation boundaries have generally been held subject to non-discriminatory state law otherwise applicable … We hold that ad valorem taxes may be imposed upon such land because, under the test established by our precedents, Congress has made `unmistakably clear' its intent to allow such taxation."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

Section 38.001, on the other hand, establishes immunization requirements necessary to protect students’ health. TEX. EDUC. CODE ANN. 0 38.001 (Vernon Supp. 2004). … The TDH’s current rule is consistent with section 38.001 by precluding admission to children who do not qualify under the statute’s plain language.

Opinion No.

Arkansas Attorney General Reports · Apr 9, 2008

PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR SHORT-TERM, NONCASH, IN-KIND EMERGENCY DISASTER RELIEF; PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR PUBLIC HEALTH ASSISTANCE FOR IMMUNIZATIONS … The proposed act does not define "qualified alien," nor is the term separately defined in the Immigration and Nationality Act.

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Florida Attorney General Reports · Mar 17, 1989

As used in this act, `state agencies or subdivisions' include the judicial branch. 7 The clerk of court would clearly be a member of the judicial branch of government. … affidavit reciting the true and correct ages of the parties and does not require an independent investigation on the part of the issuing authority as to the applicants' true ages.) 6 See also, s. 768.28 (5), F.S. (1988 Supp.), establishing

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1999

(section 49.066(a) of Water Code chapter 49 on sovereign immunity applies to MUD). The specific provisions in the other chapter or act prevail in the event of a conflict. TEX. WATERCODEANN. 5 49.002 (Vernon Supp. 1999). … We have found no other provisions in the Water Code that conflict with section 49.072, nor do we find any in the special law establishing the Edwards Aquifer Authority.

Opinion No. 146-76 (1976)

Missouri Attorney General Reports · Aug 17, 1976

The debates of the Constitutional Convention therefore clearly indicate that no change was intended but that only "surplusage" was to be removed. … We conclude that Section 49.380 is constitutional and that it is clearly within the province of the legislature to require that county property be located within the limits of the original town known as the established seat

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Florida Attorney General Reports · Sep 4, 1981

For noncompetitive classes, the Department of Administration establishes the minimum training and experience requirements and the employing agency may establish an examination or selection method for a class. … Noncompetitive positions within the career service system are clearly within the purview of s. 295.07 thus mandating that preference be given.

Opinion Number

Louisiana Attorney General Reports · Oct 31, 2000

According to your correspondence, the indigent patients at issue typically have no insurance and do not qualify for governmental programs such as Medicare. … All immunity of the state of Louisiana from liability under antitrust law is hereby extended to any municipality or other governing authority acting within the scope of authority contained in this Section and, when so acting