Case law

Opinion No.

Arkansas Attorney General Reports · May 16, 1996

You also note, however, that it would have the effect of establishing a class of individuals out of the inmate population who are required to go to school when other inmates are not, and the Board is concerned about any potential … This action might be pled as a 42 U.S.C. § 1983 action, under which state officers and employees are entitled to only qualified immunity. It is my opinion, however, that such an action would fail.

Opinion Number

Louisiana Attorney General Reports · Jul 21, 2008

successor. (6) "Governing Authority" of Enterprise Zones means the governing body of a parish, municipality or other political subdivision, and the office of the sheriff in the case of a law enforcement district, within which a qualified … The office of the sheriff, in the case of a law enforcement district, clearly falls under the Governing Authority of Enterprise Zones.

California Attorney General Opinion 23-901

107 Ops.Cal.Atty.Gen. 79 · California Attorney General Reports · May 22, 2024

His re-appointment application indicated that he was qualified to serve on the Board as the agent of Temecula resident and land owner Raymond Stann. … As set forth above, the Public Resources Code establishes a requirement that a board of supervisors “shall appoint directors . . . from those candidates who have filed an application with the board of supervisors, as prescribed

Ago

Florida Attorney General Reports · Sep 30, 1999

proposed agreement sets forth the procedure for requesting assistance, and the logistics of command and supervisory responsibility; recognizes the liability of the parties to the agreement, as well as the powers, privileges, immunities … include the chief officer of a county in order to encompass charter counties that have abolished the office of sheriff. 7 Consideration of the grammatical construction of the statute led this office to conclude that the qualifying

Informal Opinion No.

New York Attorney General Reports · May 4, 1983

However, both the legislative history of Article 131-B and the regulations clearly indicate that such term refers to the providing of health care services to patients of physicians in clinical settings ( ibid; L 1971, ch … The decision whether an autopsy or other examination is necessary, which should be made only by a physician, may be made by a person not qualified to judge.

(2005)

90 Op. Att'y Gen. 109 · Maryland Attorney General Reports · Aug 8, 2005

Finally, the Act also provides for "funeral establishments" — i.e. , the premises from which funeral directing or embalming is conducted — to be licensed with the proviso that an establishment must be owned and operated by … HO § 7-303 (b). 5 The same conclusion would pertain to a funeral establishment license, as one of the conditions for granting such a license is that the establishment is owned and operated by at least one individual or corporate

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

The legislature has clearly indicated its intent that the use of such pharmaceutical agents be regulated when administered by optometrists in connection with the practice of optometry. … A requirement that a licensure decision% based on "sound medical judgment" might establish a sufficient statutory standard to avoid invalidity.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1969

Another indication of Legislative Intent is that _ it would ^. be clearly . … Gordon Lloyd, page 6 (M-515) the facts of his employment, other provisions of the Act, and established administrative procedure.

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. 109-81 (1981)

Missouri Attorney General Reports · May 5, 1981

That section essentially establishes a two tier levy. … In such a case § 22 clearly permits a tax increase to the full rate authorized on November 4, 1980, without voter approval.

Maryland Attorney General Opinion 95 OAG 056

Maryland Attorney General Reports · Feb 23, 2010

No. 110-140, 121 Stat. 1492, Congress established a Smart Grid Investment Matching Grant Program. … Under the program as originally enacted, the Secretary was directed to establish a fund and implement a grant program to provide up to 20% of qualifying Smart Grid investments for public utilities. Id.

Ago

Florida Attorney General Reports · Dec 3, 1974

Had the legislature intended to establish other exceptions it would have done so clearly and unequivocally. Dobbs, supra. … Here, however, it appears that the appointing officer will be required to select his appointee from among a list of eligible candidates who have successfully passed the civil service examination and are otherwise qualified

Ago

Florida Attorney General Reports · Jan 12, 1999

The requirements for major party candidates, however, under the constitutional amendment, clearly establish the benchmark for independent and minor party candidate ballot access. … and minor party candidates would now have the option of being placed on the ballot by payment of a qualifying fee or by petition.

Opinion Number

Louisiana Attorney General Reports · Jun 12, 2002

These activities are clearly phrased in the alternative; meaning that if a person (defined in LSA R.S. 22:5 (6) to include individuals and business entities) performs any of the listed activities, then the person is regulated … Your second request is: "Are PBMs mandated to pay the 10 cent provider fee established in (R.S. 46:2625 ) and Directive 157?

Opinion No.

Arkansas Attorney General Reports · Jan 11, 2011

qualify as "public records" under this definition. … circumstances to observe that the employees' privacy interest in nondisclosure is not insubstantial." 9 Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish

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.

Ago

Florida Attorney General Reports · Aug 12, 1985

(rules of the Electrical Contractors' Licensing Board establishing financial responsibility criteria for certification). … Fla., 1981); AGO 83-60 (relative and qualifying words and phrases are to be applied to the word or phrase immediately preceding).

Untitled California Attorney General Opinion

California Attorney General Reports · Aug 30, 1993

This was an important transaction requiring specialized skill, and defendant clearly was not qualified to undertake it. His conduct was not only negligent but was also highly improper. … Such conduct should be discouraged and not protected by immunity from civil liability, as would be the case if plaintiff, the only person who suffered a loss, were denied a right of action."

Opinion No.

Arkansas Attorney General Reports · Aug 1, 2003

This procedure clearly has no applicability, however, in the case of a regional airport authority created pursuant to A.C.A. § 14-362-101 et seq. (1987 and Supp. 2001). … , may not be removed "except for cause . . . or upon such other conditions as shall be set forth in the agreement establishing the authority."

Opinion No.

Arkansas Attorney General Reports · Apr 1, 2008

Given that the record is kept by the City and the subject matter involves the performance of official functions, I believe the document in question clearly qualifies as a "public record" 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