Case law

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Florida Attorney General Reports · May 13, 2003

Where a statute contains a definition of a phrase, that meaning must be ascribed to the phrase whenever repeated in the same statute unless a contrary intent clearly appears. 8 Accordingly, I am of the opinion that neither … Stat., which states that "[a]s used in this act, state agencies or subdivisions' include the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments of

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Florida Attorney General Reports · Jul 15, 1975

Such a definition adopted by the Department of Revenue is controlling unless and until a court of competent jurisdiction declares the same to be clearly erroneous or unauthorized. State ex rel. … Since the certification is to be made either by two physicians or the Veterans' Administration, the criteria used by the latter agency would establish a consistent basis for the determination, although neither the statute

Opinion No.

Arkansas Attorney General Reports · Feb 26, 2007

The Agreement is clearly of a kind contemplated in the Municipal Property Owners' Improvement Law (the "Act"), A.C.A. §§ 14-94-101 through-128 (Repl. 1998 Supp. 2005), which the Agreement itself recites *Page 2 as authorizing … Att'y Gen. 82-140, in which one of my predecessors opined that a volunteer fire department qualified as a "political subdivision" of the state because it constituted an improvement district.

Opn. No.

New York Attorney General Reports · Nov 21, 1995

The obvious aim of the licensing requirements is to protect public health by ensuring that only qualified individuals practice medicine. There are specific, limited statutory exemptions to these licensing requirements. … The Education Law establishes licensing requirements and prohibits the unlicensed practice of pharmacy. Id ., §§ 6803, 6805.

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2011

Given that the subjects of the request are public employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. … Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish that his privacy interests outweighed that of the public's under the circumstances presented

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1940

The situation outlined by you above, Is clearly within the letter of Article 1632 of the Penal Code and Article 7426 of the Revised Civil Statutes. … Banister, page 3 O-2874 to qualify under that act so as to receive immunity from the civil anti-trust laws.

Opinion Number

Louisiana Attorney General Reports · Apr 9, 1998

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. vs. Larpenter , 583 So.2d 867 (La.App. 1 st Cir. 1991), writ denied. … ". . . are clearly part of interstate or foreign commerce as these terms are generally understood".

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Florida Attorney General Reports · Jun 28, 2001

ordinances regulating or prohibiting activities or business transactions of a licensee regulated by the Division of Alcoholic Beverages and Tobacco under the Beverage Law. 10 The state regulations contained in the Beverage Law clearly … Stat., sets forth the criteria to qualify as a responsible vendor under the "Florida Responsible Vendor Act," Chapter 561 , Fla. Stat. 6 Section 562.45 (1), Fla.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1975

Article 16. section 67(a)(4) provides that general laws establishing retire- ment systems shall remain in effect subject to the general powers of the legislature. … Thus, article 6228a, section 4H, remains effective unless it clearly violates a provision of the Constitution.

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Florida Attorney General Reports · Feb 18, 1985

Johns County and subsequently were elected by the qualified voters of the district. Section 2. (2) of Ch. 82-375. … Provision should be made for any possible tort liability since the state on behalf of itself and other governmental agencies has to a limited extent waived its sovereign immunity. See, s 768.28 , F.S.

Opinion No. (1977)

Nebraska Attorney General Reports · Feb 14, 1977

We are unable to locate any specific grant of authority which would clearly permit the commission to engage in such an activity. … Thus, these permit copies would appear to qualify as public records.

Opinion Number

Louisiana Attorney General Reports · May 26, 1993

One of its purposes was to clarify exactly which local taxes qualify for rebate. The legislature substituted the phrase "local governmental subdivisions" for "political subdivisions." … Otherwise, one would be able to obtain immunity from the state regulation by making private contractual arrangements. This principle is summarized in Mr.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2014

Wolfe: You ask about the Texas Historical Commission's (the "Commission") implementation of House Bill 500, enacted by the Eighty-third Legislature. 1 You tell us that the bill, "which establishes a tax credit for … (Tex. 2009) (discussing ultra vires exception to sovereign immunity in a declaratory judgment action).

Opinion No.

Arkansas Attorney General Reports · Mar 2, 1987

Applying the standards promulgated by the Arkansas Supreme Court, we analyze whether this legislation not only separates a locale from the general operation of laws, which clearly Act 48 does, but whether it is impermissible … Act 48 is entitled: AN ACT to Promote the Competitive Position of Arkansas Cities and Incorporated Towns which are Divided by State Lines From an Incorporated City or Town in Another State by Authorizing the Qualified Electors

Opinion No.

Arkansas Attorney General Reports · Nov 17, 2004

Given that the requested records relate to your public employment, I believe they clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … Assuming you have filed any such documents, the initial question will be whether they qualify as "personnel records" subject to review under the Young standard discussed above or whether they qualify as "employee evaluation

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2005

The terms “sovereign immunity” and “governmental immunity” denote two different concepts: Sovereign immunity refers to the State’s immunity from suit and liability. … Section 101.025 clearly and unambiguously waives immunity “to the extent of liability created by this chapter,” and “[a] person having a claim under [chapter 1011 may sue the governmental unit for” certain damages.

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Florida Attorney General Reports · Jun 13, 1974

Section 459.14, F.S., establishes the procedure for disciplinary action by the Board of Osteopathic Medical Examiners. … The summary suspension of a practitioner of osteopathic medicine clearly appears to fall within the purview of this statute. Hence, notice and hearing must be provided.

Opinion Number

Louisiana Attorney General Reports · Feb 9, 2011

For example, the retirement contributions for all employees of each department, including qualified and non-qualified employees, are shown as one lump sum for the entire department. … The court found that the members of the plaintiff class did not have a vested interest in one-to-one payment for unused accrued sick leave because that benefit was not lawfully authorized: Although the record clearly establishes

Opinion Number

Louisiana Attorney General Reports · Nov 5, 2010

Specifically, you have asked, under La.R.S. 47:2303 , what is the minimum "acreage required to qualify for a wetlands determination under the Use Value 1 exemption"? … for the use value exemption provided in La.R.S. 47:2303 , the statute clearly states that that amount is three (3) acres.

Opinion No.

Arkansas Attorney General Reports · Aug 29, 2007

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish that his "privacy interests outweighed that of the public's under the circumstances presented