Case law

Opinion No. Oag 2-88, (1988)

77 Op. Att'y Gen. 4 · Wisconsin Attorney General Reports · Jan 11, 1988

The state must always prove its case at the refusal hearing by establishing each of the necessary elements. … The Wisconsin Supreme Court has already fashioned such limited "use" immunity. In State v.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1994

Arkansas Code Annotated § 17-89-101 (a) (Supp. 1993) states in pertinent part: "Optometry" shall include utilizing any method or means which the licensed optometrist is educationally qualified to provide, as established and … Arkansas law has clearly given the Arkansas State Board of Optometry the authority to define and regulate the practice of optometry.

Opinion No.

Texas Attorney General Reports · Dec 7, 1992

Reading the section as a whole, however, section 52-a clearly envisions that a county, municipality, or other political subdivision may issue bonds to pay for its economic development program. … Second, a majority of the duly qualified property tax-paying voters voting at an election held to consider the bond issue must have approved the issuance.

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2003

Although the law does expressly provide for some use of the resources of the housing agency for the benefit of the Arkansas Water Well Construction Commission (AWWCC), it does not clearly establish the extent to which such … It therefore clearly may use some of its office space to house the AWWCC.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2003

(B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business. . . . … The statute above clearly requires the "public" members of the board to undergo confirmation by the Arkansas Senate.

Opinion No.

Arkansas Attorney General Reports · Feb 7, 2011

addressing an office established by city ordinance pursuant to legislation enacted under the authority of former Ark. … Nor is the question clearly answered by any of the statutes governing district courts.

Opinion Number

Louisiana Attorney General Reports · Feb 24, 1999

Thus, to qualify as a program of social welfare for the aid and support of the needy and to fall within Paragraph (B) it is required that those assisted through the program must be screened pursuant to objective criteria … In regard to establishing a cooperative endeavor this office made the following observation: Care should be taken to insure that the cooperative endeavor agreement clearly reflects (1) the reciprocal rights and duties of

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2010

V, Sec. 3, expressly renders the Governor immune from the operation of the writ of mandamus. Pierson v. State, 177 S.W.2d 975, 978 (Tex. Crim. App. 1944). … SThe following statutes establish judicial districts composed of Denton County: TEx.

Opinion No.

Arkansas Attorney General Reports · Jan 10, 2003

If the situation that prompted his activation does not qualify as an "emergency," he may qualify for paid training leave pursuant to A.C.A. § 21-4-102 (a). … I feel obliged to comment in passing on the qualifying language "up to thirty days" in my previous sentence.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 27, 1995

giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established … district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified

Opinion Number

Louisiana Attorney General Reports · Apr 20, 2006

The Waterworks qualifies as a "revenue-producing public utility," as defined by LSA-R.S. 33:4161 , because it is owned by the parish and because it supplies the commodity of water. … However, if the primary purpose for the fee is revenue and regulation is "merely incidental," or if the fee "clearly and materially exceeds the cost of regulation or conferring special benefits upon those assessed," then

Opinion No.

Arkansas Attorney General Reports · Sep 2, 2004

The underlying question, then, is whether a house under construction might be considered the domicile of an alderman who was clearly domiciled in this ward before the new construction began, but who has sold his former home … The Arkansas Supreme Court held that the candidate never abandoned his residency and therefore, was qualified for the general election.

Opinion No. Oag 17-81, (1981)

70 Op. Att'y Gen. 61 · Wisconsin Attorney General Reports · Apr 7, 1981

Section 49.65, Stats., establishes the rights of the Department of Health and Social Services, counties, and municipalities to recover from a tortfeasor for public assistance benefits paid under ch. 49, Stats., to the person … It would divide as follows: Judgment $10,000.00 1/3 attorney's fees -3,333.00 --------- Balance $6,667.00 Assistance claim -2,000.00 --------- Balance to injured person $4,667.00 Clearly the assistance claim is to be paid

Ago

Florida Attorney General Reports · Apr 30, 2004

City of Tallahassee 4 the court construed sections 171.021 and 171.022 , Florida Statutes, in concluding that "it is apparent that the legislature intended to provide a clearly defined and exclusive method by which an annexation … Pursuant to the statute, the governing body of a municipality may propose a contraction of the city's boundaries by ordinance and provide an effective date for the contraction. 9 A method is also established for qualified

Opinion No.

Arkansas Attorney General Reports · Sep 5, 1990

following question in this regard: Are vocational technical schools, such as Pine Vocational Technical School, required to give preference to blind persons for operating vending facilities on their premises, or do they qualify … I do not believe that a court would conclude in this instance that the agency's interpretation of 22-3-1302 (1) is clearly wrong.

Opinion No.

Arkansas Attorney General Reports · Apr 9, 2003

If so, a tax devoted to the repayment of a revolving loan clearly could not qualify as a credit against the uniform rate of tax, thus rendering A.C.A. § 26-80-204(18)(B) unconstitutional. … Simply stated, then, when the voters provide that tax revenues will be spent in a particular manner, the legislature cannot qualify the use of those revenues.

Opinion No.

Arkansas Attorney General Reports · Oct 6, 2008

These provisions clearly support the sharing of information in the course of treatment, where client privacy can reasonably be ensured. … U.L. 585, 630 (2008) (observing that "[b]ecause any student records maintained by an institution's health center almost certainly qualify as student treatment records or "education records" within the meaning of FERPA, these

Opinion Number

Louisiana Attorney General Reports · Nov 21, 2006

You question whether the property qualifies for the exemption provided for under R.S. 56:24 . … Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haynie Corp. v. Larpenter, 583 So.2d 867 (La.App. 1 Cir. 1991) writ denied.

Ago

Florida Attorney General Reports · Feb 17, 1987

a statute, in effect, incorporates the language of that statute as it existed at the time the reference was enacted, unaffected by any subsequent amendment or repeal of the incorporated statute unless a contrary intent clearly … This section requires, inter alia, an election by the qualified electors of the territory affected approving the inclusion of such territory in the district prior to such change.

Opinion No. (1991)

Missouri Attorney General Reports · Nov 21, 1991

Funding shelters — fees for marriage licenses and decrees of dissolution of marriage, how established, amount — reports. — 1. … Requirements for shelter to qualify for funds. — 1.