Case law

Opinion No. (1998)

Nebraska Attorney General Reports · Dec 15, 1998

. § 76-2403 (1996) as follows: Adverse material fact shall mean a fact not reasonably ascertainable or known to a party which significantly affects the desirability or value of the property to that party or which establishes … Further, as real estate licensees are not state officials in any sense, § 29-4012 clearly does not apply to licensees.

Opinion Number

Louisiana Attorney General Reports · Nov 3, 2000

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied and Ruston Hospital v. … Citing Article III of the Club's Articles of Incorporation, he takes the position that the Club qualifies as a tax exempt fraternal organization.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1972

Clearly, if the signing is but a ministerial act, the rule of judicial immunity would not apply. -5734- Hon. Cecil M. … To qualify for a driver's license under the age of eighteen, he must not only have completed an approved driver training course (Sub- section (a) of Section 7), but must also have the consent of his parent or guardian.

Opinion Number

Louisiana Attorney General Reports · May 29, 1996

Louisiana's present constitutional and statutory scheme clearly allows the inclusion of all registered voters in elections of the type presented. La. Const. Art. … The legislature enacted Chapter 6-A of the Louisiana Election Code to establish a uniform procedure to conduct elections to authorize the issuance of bonds, the assumption of indebtedness, and the imposition or increase of

Opinion No.

Arkansas Attorney General Reports · Apr 15, 1991

or system may be used in any election without the approval of the State Board of Election Commissioners, following an exhibition to the State Board (n. 1, supra ), a prior demonstration to local election officials is not clearly … The constitutional officers could, it seems, establish procedures for qualifying these four members.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2004

Citizens to Establish a Reform Party in Arkansas v. Priest, 235 Ark. 257 , 926 S.W.2d 432 (1996). … Act, it clearly does qualify under the more specific terms of A.C.A. § 25-20-403 (a)(2), which declares point-blank that such a cooperative "may join in the formation" of an AMECA.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

protection personnel in per- manent positions or in temporary or probationary status; land1 (3) certify persons as being qualified … Section 2 clearly authorizes the commission to establish minimum certification requirements only “for admission to employment as fire protection personnel” You Indicate that persons

Opinion No.

Arkansas Attorney General Reports · Feb 11, 2011

sovereign immunity as declared in the Constitution." … A statute establishes the General Improvement Fund. A.C.A. § 19-5-1005 (Repl. 2007).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

Prior to its amendment in 1927, Article 2746, Re- vised Civil Statutes, 1925, provided that the common school district trustees "shall appoint three persons qualified voters of the district who shall hold" the regular trustee … While Article 2746, as amended, does not expressly authorize the local board of school trustees to establish voting boxes in the district and make designation of voting precincts therein, it clearly contemplates that in many

(2008)

93 Op. Att'y Gen. 12 · Maryland Attorney General Reports · Jan 29, 2008

If properly characterized as a tax, an impact fee clearly would not be an income tax or sales and use tax. An impact fee might be characterized as a property tax or an excise tax. … applies and does not seem applicable to the current leases under consideration at Fort Meade and Aberdeen Proving Ground, as we understand them. 9 As outlined in Part II.C-D above, an exception to the ownership rule is established

Opinion Number

Louisiana Attorney General Reports · Oct 21, 1992

Manufacturing and Nan Ya Plastics qualify as new manufacturing establishments for the exemption of ad valorem taxes under Article VII , Section 21 (F) of the Louisiana Constitution of 1974. … Further, in order for a facility to qualify for tax exempt status under Section 21(F), it must either be a new "manufacturing establishment" or and "addition" to an existing manufacturing establishment, as those terms are

Opinion No.

Arkansas Attorney General Reports · Aug 20, 2001

Given that you were a police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion Number

Louisiana Attorney General Reports · Jun 7, 2010

XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … Thus, the analysis turns to whether the gathering qualifies as a "meeting" under the Open Meetings Law.

No.

Colorado Attorney General Reports · Dec 5, 1975

In addition, under established principles of Colorado constitutional law, the Board may not make rules which exceed its rulemaking authority under the statute creating the Board. … I. 1970). 3 In light of Goldfarb , a 1975 district court decision holding that the practice of architecture is exempt from antitrust scrutiny under the "learned profession" doctrine appears to be clearly improper.

Ago

Florida Attorney General Reports · Mar 29, 1989

No exception, however, is recognized for persons employed by law enforcement agencies within this state who do not otherwise qualify for the in-state tuition rate pursuant to s. 240.1201(2), F.S. … other exceptions, it would have done so clearly and unequivocally).

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Florida Attorney General Reports · Jun 21, 1984

WHERE AN OUT-OF-STATE HEIR OF A QUALIFIED CLAIMANT UNDER s 197.256(1)(a)1 THROUGH 6, F.S., ASSERTS A CLAIM TO EXCESS FUNDS, MAY THE BOARD OF COUNTY COMMISSIONERS REQUIRE THE HEIR TO ESTABLISH THROUGH ANCILLARY PROBATE PROCEEDINGS … If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued

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Florida Attorney General Reports · Jan 22, 1974

Inasmuch as candidates for the offices of president and vice-president of the United States do not file qualification papers or pay qualifying fees [see s. 103.101 (3), F. … Nor did the 1973 amendments provide, clearly and unequivocally, that an election within the purview of the Election Code included a presidential preference primary election.

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Florida Attorney General Reports · Nov 20, 1998

should provide the affected public with the opportunity to make a reasonable evaluation of the proposed transfer through public notice hearings to ensure that disposition of the facilities established and supported by public … (e.s) As a hospital authority created by special act, the West Volusia Hospital Authority clearly would appear to fall within section 155.40 (1), Florida Statutes, which by its own terms applies to any county, municipal or

Opinion Number

Louisiana Attorney General Reports · Jan 22, 2002

All ERISA plans must establish reasonable, written procedures to determine the qualified status of a domestic relations order, to communicate those procedures to alternate payees, and to administer the distribution of benefits … It is our recommendation that the domestic relations order clearly specify each plan to which such order applies.

Opinion No. (1978)

Nebraska Attorney General Reports · Mar 28, 1978

grants an exemption from sales and use taxes to purchases by any organization created exclusively for religious purposes, any nonprofit organization providing services exclusively to the blind, any educational institution established … Cities also have authority to establish and operate hospitals which are clearly city property. See sections 14-102 , 15-231 , 16-239 , 17-122 .