Case law

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 .

Attorney General Opinion No.

Kansas Attorney General Reports · Aug 3, 1994

K.S.A. 71-1407 clearly requires that a member of the board of trustees for a community college reside in the district which the member was elected to represent. … While statutes applicable to community colleges do not expressly provide that a member is no longer qualified to serve upon removing his or her residence from the district, the language of K.S.A. 71-1407 establishes a requirement

Opinion Number

Louisiana Attorney General Reports · Jun 13, 1994

As is clearly stated in the statute, the intent of Congress was to encourage States, local agencies, and private interests to establish trails on unused or seldom used railroad rights-of-way in furtherance of a national policy … However, the law also clearly provides that the interim use of rights-of-way must be subject to future possible restoration or reconstruction for railroad purposes.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Johnson Building Re: Whether “the Great State Challenge” qualifies P.O. … Section 6.094 establishes the Breeders’ Cup Developmental Account as an account in the general revenue fund, administered by the Texas Racing Commission. See id.

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2006

Given that the subject of the request is a state employee, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … The Court also stated that "all FOIA requestors have an equal, and equally qualified, right to information. . . ." Id. at 499 .

Opinion No.

Arkansas Attorney General Reports · Mar 2, 2009

Given that the record(s) at issue are kept by the police department and the subject matter involves the suspension of a police department employee, I believe the records(s) clearly qualify as "public records" under this definition … Assuming, however, that some or all the documents qualify as "personnel records," they must be released unless their release constitutes a clearly unwarranted invasion of personal privacy.

Opinion No. Oag 13-80, (1980)

69 Op. Att'y Gen. 44 · Wisconsin Attorney General Reports · Mar 12, 1980

Clearly, the Legislature intends that the office of medical examiner be occupied by one who is able to be qualified as an expert witness in the field of pathology. … A witness may be, "qualified as an expert by knowledge, skill, experience, training, or education." Sec. 907.02 , Stats.

Opinion No.

Arkansas Attorney General Reports · Dec 23, 2003

to Amendment 29, which authorizes the governor to fill vacancies in various elective offices, but rather pursuant to A.C.A. § 16-17-105 (c), which provides: When there is a vacancy in the office of municipal judge in an established … In my opinion, section 16(D) clearly qualifies section 7(D) of amendment 80, authorizing service in two counties only if (1) the two counties served are contiguous, (2) the county adjacent to the county from which the judge

(1972)

61 Op. Att'y Gen. 434 · Wisconsin Attorney General Reports · Dec 4, 1972

The personnel in such counties shall be exempt from such reexamination provided such personnel has qualified for present positions by examinations conducted pursuant to standards acceptable to the department. ] * , without … Since sec. 49.50 (5), Stats., as amended by ch. 145, Laws of 1971, now clearly gives requesting counties the power to determine compensation and personnel standards for their county welfare agencies, largely independent of

Opinion No.

Arkansas Attorney General Reports · Nov 18, 2002

Until I receive a version of your proposed agreement that clearly states what Section VIII would require, I cannot meaningfully opine whether its provisions are objectionable on some substantive ground. … However, I will note that I would approach with grave reservations any proposed provision that would obligate an agency of this state to waive sovereign immunity without clear legislative sanction, to hold harmless an agency

Opn. No.

New York Attorney General Reports · Nov 4, 2003

Cole , 504 U.S. 158 , 167 (1992) ("[W]e have recognized qualified immunity for government officials where it was necessary to preserve their ability to serve the public good or to ensure that talented candidates were not … It may be that this possibility is sufficiently remote to have had no detrimental effect on the establishment and maintenance of a public workforce.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 2009

Given that the record(s) at issue are kept by the police department and the subject matter involves the suspension of a police department employee, I believe the record(s) clearly qualify as "public records" under this definition … Documents prepared by medical personnel for the purpose of diagnosing or treating an individual are clearly medical records.

Opinion No.

Arkansas Attorney General Reports · Aug 6, 1997

Although the current appointees serve at large, the relevant legislation clearly envisions the election of the additional judgeships from districts by the "qualified electors" of the districts. … Although at their creation, the judgeships became appointive positions, the legislative scheme clearly envisions that their successors will at some point be "elected and qualified," which is the pertinent language of art.

Ago

Florida Attorney General Reports · Apr 21, 1976

The "Health Maintenance Organization Act of 1973" is clearly and specifically designed to reach all employers as that term is defined in the Fair Labor Standards Act of 1938, as amended. … States have been clearly unequivocally brought within the purview of said Act.

Ago

Florida Attorney General Reports · Jun 30, 1997

as a public deposit that may be placed only in a qualified public depository. 10 A "qualified public depository" is "any bank or savings association organized and existing under the laws of this state and any bank or savings … Fla. 72-272 (1972) stating: "Where the applicable statutes and laws, establishing or providing for the establishment of the special taxing district, municipality or public corporation, are silent on the question of deposits

Opinion No. (1984)

Nebraska Attorney General Reports · Jan 25, 1984

In accordance with guidelines established by Mr. Douglas and myself in connection with the discharge of my duties, I must inform you that the opinions expressed in this correspondence are exclusively mine. … Omaha National Bank , 162 Neb. 786 , 77 N.W.2d 576 (1956): "The power of classification rests with the legislature, and this power cannot be interfered with by the courts, unless it is clearly apparent that the legislature

Maryland Attorney General Opinion 98 OAG 114

Maryland Attorney General Reports · Nov 21, 2013

Among other things, the legislation established the National Labor Relations Board (“NLRB”). … For example, the Court of Appeals has concluded that the Washington Suburban Sanitary Commission (“WSSC”) is a State entity for purposes of sovereign immunity, Katz v.

Opinion No.

Arkansas Attorney General Reports · Apr 30, 2002

However, establishing as much does not necessarily mean that the meetings of the UACCH Board of Visitors must be open and announced. … Applying these statutes, if UACCH qualifies as a governmental entity, its records as defined are subject to disclosure.

Opinion No.

Texas Attorney General Reports · May 9, 1988

Clearly, a requirement that the defendant obtain employment is no less restrictive of a person's liberty than the requirement of rendering community service. … McAlester factors will often plainly indicate that immunity is available, there are situations in which immunity must be afforded even though one or more of the McAlester factors fails to obtain.