Case law

Opinion No. (1981)

Nebraska Attorney General Reports · Mar 19, 1981

The power of classification rests with the Legislature and cannot be interfered with by the courts unless it is clearly apparent that the Legislature has by artificial and baseless classification attempted to evade and violate … These particular sections of LB 132 do not really establish classifications in the traditional sense, in that there is not a grant of special privilege or immunity to a particular class, but merely the establishment of a

Formal Opinion No.

New York Attorney General Reports · Oct 8, 1985

Thus, municipal police chiefs and commissioners clearly need not meet the minimum training requirements. … The central State registry was established in 1979 (L 1979, ch 482).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1959

Hardeman, page 3, (~~-568) House Bill No. 179, the subject of this opinion, Is clearly intended as a local and special law pertain- ing only to Tarrant County, as stated in its caption, which reads as follows: … However, such mere recitation cannot establish the nature of an enactment and thereby make the Act valid under Section 9 of Article VIII of the Constitut,on.

No.

Colorado Attorney General Reports · Jun 18, 1976

In carrying out its stated purpose, the legislature established minimum standards of education and relevant accounting work experience before a person could be certified as a CPA. … Clearly the legislature did not intend such a result.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1984

organization entitled to e*joy privileges, exemptions, and llmmunities as an international organization under the International Organizations Immunities … In our opinion, the criteria established by Toll v.

Ago

Florida Attorney General Reports · Mar 16, 1978

The only factor which clearly and consistently invokes the requirement that counsel be provided to an indigent at government expense is the threat of deprivation of liberty. … it, and in the absence of such a statute, no legal power to grant immunity exists .

Opinion Number

Louisiana Attorney General Reports · Oct 27, 1992

Clearly under the plain meaning of § 52E(1), you qualify to run for a school board seat from District 6. … Such a candidate need only be an "elector," i.e., a duly qualified voter.

Opinion Number

Louisiana Attorney General Reports · Aug 17, 1999

The privilege or immunity from taxation cannot be determined by inference or implication from the wording of a statute or constitutional article, but must be clear in terms leaving no reasonable doubt. … jurisprudence as shown above, exemptions must be construed strictly, it is the opinion of this office that even if the non-profit corporations are created for day care and retirement home purposes, these entities do not qualify

Informal Opinion No.

New York Attorney General Reports · Dec 29, 1988

The examining board of plumbers has responsibility for establishing qualifications, examining and, if deserved, issuing a certificate of competency to enable employing or master plumbers to engage in the business of plumbing … The statement in the provision that there is to be a journeyman plumber on the board of "like experience", is, with respect to the experience component, clearly a reference to the previous language dealing with employing

Opinion Number

Louisiana Attorney General Reports · Jan 23, 2002

However, it further provides in Sec. 1-05, "General powers", that the city shall have all powers, rights, privileges, immunities and authority under the laws of the state, "including but not limited to Louisiana Revised Statutes … for it clearly states it is not limited to R.S. 33:501 -571, the statutory provisions relative to establishment and operation as a commission form of government.

Op. Atty. Gen 169j

Minnesota Attorney General Reports · May 14, 2019

Both federal (see 42 U.S.C. § 1760(p)(2) – “each school food authority shall establish a price for paid lunches” served to students who are not certified to receive free or reduced price meals) and state (Minn. … Dist., 796 F.Supp. 251, 255 (W.D.Tex 1992). 3 “Privilege” is defined as “a right or immunity granted as a peculiar benefit, advantage or favor.” Merriam–Webster’s Collegiate Dictionary 936 (9th ed. 1983).

Opinion No.

Arkansas Attorney General Reports · Jun 20, 2006

Accordingly, when the Court recommends the combination of two or more counties "for the election of a full-time judge to serve the courts so designated[,]" it clearly contemplates one judge serving the district court in each … Section 10 provides: The General Assembly shall have the power to establish jurisdiction of all courts and venue of all actions therein, unless otherwise provided in this Constitution, and the power to establish judicial

Ago

Florida Attorney General Reports · Jan 21, 1980

S., including the definition of `qualified elector' contained in s. 582.01 (6). … The section now provides that, whenever used or referred to in ch. 582, unless a different meaning clearly appears from the context , `qualified elector' includes `any person qualified to vote in general elections under the

Opinion Number

Louisiana Attorney General Reports · Dec 24, 2002

As previously noted in our answer to your second question, the hospital service district's board of commissioners is clearly in charge of the district, the district's hospital and other assets, including the hospital building … To establish positions of employment and to appoint and employ personnel necessary for the operation of the health care facility or facilities under his jurisdiction to establish rates of pay; to abolish positions; and to

Opinion Number

Louisiana Attorney General Reports · Apr 7, 2003

Clearly, the conduct in question comes within the broader mission of law enforcement agencies, and thus within the duties of law enforcement officers. … A person who has locked their keys in their car is clearly in distress.

Opinion No.

Arkansas Attorney General Reports · Sep 15, 2006

Const. amend. 24 , clearly mandates that a county have only "a county clerk" — a singular designation that is qualified nowhere else in the constitution or the Arkansas Code. … Const. art, 13 , § 5 (authorizing Sebastian County to establish two such districts) and Acts 1883, No. 74 and 1881, No. 14 (mandating the establishment of two such districts in Carroll and Clay Counties, but expressly referring

Opinion No.

Arkansas Attorney General Reports · Sep 11, 1989

This fact would thus be given weight by the courts, and likely result in adherence to the agency's construction, unless clearly wrong. … It seems to us that these stipulated facts inescapably establish that Youngstown had `so acted upon the [imported ores]' (Brown v.

Opinion No. (1987)

Missouri Attorney General Reports · Dec 18, 1987

These waivers are clearly not applicable here. … The Guidelines described below have been established in accordance with the following principles: 1.

Opinion No.

Arkansas Attorney General Reports · Dec 10, 2009

In this regard, I will note that neither the livestock division nor the poultry division of the Commission is charged with any authority to select among qualified individuals or entities that might participate in a local … In any event, their existence, while acknowledged in the Code, in no sense renders them public entities of the sort that the Commission clearly qualifies as being. *Page 1

Opinion No. (2002)

California Attorney General Reports · Jul 3, 2002

concluded: "The concept of practicing medicine under the California licensing laws is very broad, and any activity customarily performed by a licensed practitioner, such as diagnosis, treatment, or prescribing medications qualifies … caused or created. 3 Section 2038 defines "diagnosis" for purposes of the Medical Practice Act as including "any undertaking by any method, device, or procedure whatsoever, and whether gratuitous or not, to ascertain or establish