Case law

Maryland Attorney General Opinion 106OAG082

Maryland Attorney General Reports · May 4, 2021

Because Chapter 462 has already been enacted, we need not consider in this opinion whether it was “clearly unconstitutional” under that standard. … the community at issue but who happens to fall on the wrong side of a state or county border could be excluded from the market, while someone who lives farther away from the community, but within the same county, could qualify

Ago

Florida Attorney General Reports · Sep 2, 1977

This section further states that `each housing authority created for a county and the commissioners thereof . . . shall have the same functions, rights, powers, duties, immunities and privileges provided for housing authorities … (It should be noted that s. 421.27 does not in express terms qualify or limit the Governor's appointive powers, other than requiring his appointees to be qualified electors of the county, or his suspension power and does

Attorney General Opinion No.

Kansas Attorney General Reports · Feb 3, 2000

K.S.A. 12-1925 states in part: "(b) A petition requesting the governing bodies of a city and school district to establish a joint recreation system and signed by at least 5% of the qualified voters of the city or school district … "(b) A petition requesting the governing bodies of a city and school district to establish a joint recreation system and signed by at least 5% of the qualified voters of the city or school district may be filed with the clerk

Ago

Florida Attorney General Reports · May 12, 1987

Initially I would suggest that, in light of the following discussion, reconsideration of this matter by the Legislature may be advisable in an effort to clearly delegate or prescribe responsibility for payment of these costs … and maintain a central abuse registry to receive written or telephonic reports of such abuse, neglect, or exploitation; and subsection (5), supra, providing immunity from civil or criminal liability for persons participating

Opn. No.

New York Attorney General Reports · Jun 17, 1996

Under section 23 (1) of the Municipal Home Rule Law, a local law subject to mandatory referendum becomes operative only if approved by a majority of the qualified electors voting on the proposition. … Also, a municipality has authority to establish and define the terms and conditions of employment of local boards and positions. Id ., § 10(1)(ii)(a)(1).

(1998)

83 Op. Att'y Gen. 180 · Maryland Attorney General Reports · Nov 9, 1998

For example, the Washington Suburban Sanitary Commission ("WSSC") was held to be a State agency for purposes of applying the legal doctrine of sovereign immunity in Katz v. … General Assembly to strike, reduce, or qualify these appropriations. 68 Opinions of the Attorney General 86, 94-95 (1983) (emphasis added).

Attorney General Opinion No.

Kansas Attorney General Reports · Aug 17, 1994

According to K.S.A. 1993 Supp. 8-126 (b), as amended by L. 1994, ch. 235, sec. 1, an ATV is clearly a "motor vehicle." … A three-wheeled ATV which qualifies as a "motorcycle" should be registered as such pursuant to K.S.A. 8-127 .

Opinion Number

Louisiana Attorney General Reports · Nov 7, 2002

A review of pertinent constitutional debates clearly establishes that legislative action was the sole intent of this provision. … that "local governmental autonomy or home rule exists only to the extent that the state constitution endows a local governmental entity with two interactive powers: the power to initiate local legislation and the power of immunity

(1973)

62 Op. Att'y Gen. 20 · Wisconsin Attorney General Reports · Jan 25, 1973

Chapter 310, Laws of 1971, establishes public administrators as independent contractors. … Where the county board establishes the family court commissioner's salary, pays it, and may prescribe additional duties to be performed by him, and where the position is established in each county and `for such county,' we

Opinion Number

Louisiana Attorney General Reports · Oct 15, 2008

This requires an analysis of whether or not it qualifies as a "public body" under the definition in La.R.S. 42:4.2 (A)(2). … They clearly qualify as a committee under the definition provided above. The definition of "public bodies" in La.R.S. 42:4.2 (A)(2) includes committees created by municipal authorities or city governing authorities.

Opinion No. (1997)

California Attorney General Reports · Jan 3, 1997

"Unless unreasonable or clearly contrary to the statutory language or purpose, the consistent construction of a statute by an agency charged with responsibility for its implementation is entitled to great deference. … A facility operated in conjunction with a weekly CFM does not qualify under this administrative interpretation.

Opinion No.

Arkansas Attorney General Reports · May 20, 1998

Clearly, an elected county official is a person covered by the provisions of the statute above. See A.C.A. § 14-14-1202 (b)(1)(A). … See A.C.A. § 14-284-208 (a) (stating that upon an affirmative vote of the electors the county court "shall enter an order establishing the district . . .").

Opinion No.

Arkansas Attorney General Reports · Nov 23, 1999

The Executive Director of ATRS serves as the Trustee of the Tuition Savings Trust that is established by Act 996. … Moreover, Act 996 specifically articulated the immunity of the Tuition Savings Program, the Committee, and the state, in connection with loss incurred by any person as a result of participating in the program.

Attorney General Opinion No.

Kansas Attorney General Reports · Jan 28, 2002

care, and counseling, service, assessment or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body.' 51 A psychologist is clearly … "The general privacy rule established by these regulations provides that a covered entity may not use or disclose protected health information, except as permitted or required by the regulations. 52 Six general categories

Opinion Number

Louisiana Attorney General Reports · Jul 19, 2004

Can the Town Council allow the establishment to remain open until 2:00 a.m. Monday — Friday? 3. … hours of establishments located within corporate municipal limits.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1941

will be noted that no express authority has been con- ferred to pledge such revenues to ,thepayment of indebtedness that may be authorized under Article 7922, and, further, that the language of the above quoted article clearly … incurring the indebtedness is submitted to the qualified property taxpaying voters of such district, pursuant to the provisions of Article 7922. - ..-.. .

Opinion

Louisiana Attorney General Reports · Nov 8, 2011

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." … opinion, with respect to your concerns regarding transparency of public business, we note the potential application of the Public Records Act to any documents created by the council members during a public meeting which qualify

Ago

Florida Attorney General Reports · Oct 1, 1985

See generally, AGO 80-28 (county health units established and maintained under provisions of Part I, Ch. 154 , F.S., are agencies of county government). … Clearly the Citrus County Health Unit as an agency of county government is an "agency" within the purview of Ch. 119.

Opn. No.

New York Attorney General Reports · Mar 11, 1991

The statement of legislative purpose which accompanied the establishment of the ORP provided as follows: "To insure the recruitment and retention of qualified academic talent it is necessary, in the best interest of New York … Clearly, under these provisions the trustees have discretion to approve or disapprove a lump-sum distribution retirement option.

Opinion No.

Arkansas Attorney General Reports · Dec 6, 1996

That is, a credit union may establish more than one of the categories as a basis for membership only if the individual members are required to qualify under all such categories; it may not allow the members to choose one … of several categories under which to qualify.