Case law

Ago

Florida Attorney General Reports · Jan 30, 1976

The language and intent of the Legislature, as expressed in s. 477.17(1)(f), is clearly to require that all cosmetologists who meet the qualifications set out in s. 477.06(1)(c) and (f) for certification by the board as master … S., authorizes the board to credit a portion of an unexpired certificate of registration fee toward the statutorily established fee required to be submitted for issuance of a certificate of registration for another designation

Opinion No.

Arkansas Attorney General Reports · May 12, 2006

RESPONSE In my opinion, the answer to this question is a qualified "yes." … However, because that right is qualified, I believe her choice of surname might be subject to a later challenge in a legal proceeding between the parties.

Opinion No.

Arkansas Attorney General Reports · Sep 30, 2008

To determine whether a disclosure rises to a clearly unwarranted invasion of personal privacy, the Arkansas Supreme Court has established a balancing test. Young , supra . … Because this document qualifies as an employee evaluation or job performance record, it may only be disclosed if the above three elements are met.

Opinion No.

Arkansas Attorney General Reports · Mar 21, 2008

Given that the subjects of the request are all city employees — namely, members of the Little Rock Police and Fire Departments — I believe documents containing the requested information clearly qualify as "public records" … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

ff one later becomes a host to a fever tick, the tick could transmit the disease from the immune Mexican cow to non- immune Texas cattle. … that affects animals, live stock, fowls or canines regardless of whether said diseases are infectious, contagious or communicable and may establish

Informal Opinion No.

New York Attorney General Reports · Jul 22, 1985

First, you ask whether an otherwise qualified junior volunteer between the ages of sixteen and eighteen can serve on a rescue squad without first obtaining working papers. … You have also inquired as to the obligation of rescue squad personnel to remain on the scene of an accident where the victims are clearly clinically and biologically dead.

Opinion Number

Louisiana Attorney General Reports · Jun 17, 2008

The *Page 2 records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used. … We agree with your assessment that the use of public funds to establish a viable economic development plan for the parish is of importance and further qualifies as a public purpose.

Opn. No.

New York Attorney General Reports · Oct 27, 1992

Pursuant to L 1989, ch 243, a comprehensive scheme was established to provide special education services and programs for preschool children with handicapping conditions. … The language of RSSL § 40(c)(6) indicates clearly and unambiguously that all employees of § 4201 institutions are eligible for membership in the ERS.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1980

Section 7(b)(2) of article 4447u, V.T.C.S., establishes another group of applicants for a Class B license - home health agencies which have provided services as of the effective date of the statute. … Article 4447u, V.T.C.S., clearly vests in the Department of Health authority to determine whether a particular applicant is entitled to a Class A or Class B license.

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 1, 1994

In our opinion approving such a chronology of events would defeat the rationale of ensuring that supervisors of potential LSCSW applicants are consistently qualified — thus protecting the welfare of the public. … The chronology of events thus clearly becomes (1) a person who wishes to serve as a supervisor of an LSCSW applicant must first meet the requirements established in K.A.R. 102-1-12 (a) and (2) then such person is considered

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1990

State Bd. gf Ecualization of California, 451 U.S. 648 (1981), they had considered it now established that, whatever the extent of a State's authority to exclude foreign corporations from doing … Witsell, 334 U.S. 385 (1948), that "the privileges and immunities clause is not an absolute." Garcia, at 38.

Opinion No. Oag 57-88, (1988)

77 Op. Att'y Gen. 256 · Wisconsin Attorney General Reports · Oct 12, 1988

The leading case in Wisconsin establishing criteria to determine whether one is an officer or a mere employe of the state is Martin v. Smith , 239 Wis. 314 , 1 N.W.2d 163 (1941). Burton v. … Whether any particular position qualifies as a public office under the Martin test must, of course, be addressed on a case-by-case basis.

Opinion No.

Arkansas Attorney General Reports · Mar 15, 2005

Given that the subjects of the request are all city employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion Number

Louisiana Attorney General Reports · Mar 17, 2010

The Roth court explained the nature of a property right in the following passage: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. … While a qualifying student is eligible to receive a TOPS award for eight semesters (or twelve terms as applicable), he or she is not automatically entitled to the award for each semester.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1974

- ing body may appoint from among the qualified voterr of the region to be served a board of trusteen conaiating of not less than five (5) nor more than nine (9) perBone.. ” Article 5547-203, 5 3.02(a). … Each notice must clearly set forth the date, hour,, plsce. and subject of the meeting to be held.

Opinion No.

Texas Attorney General Reports · Aug 11, 1995

Toward this end, they established and wholly owned a Tennessee corporation, Bexar County Enterprises ("BCE"), which purchased forty-nine percent of KSE's stock. Id. … I , § 8 , cl. 3 , or the Privileges and Immunities Clause, id. art. IV, § 2. Cooper, 11 F.3d at 549 .

Ago

Florida Attorney General Reports · Aug 15, 1990

Clearly, therefore, the joint acquisition by the department and Marion County would fall within the provisions of s. 253.025 (8)(e)2., F.S., allowing the purchase price to exceed the appraisal amount. … Section 768.28 (2), F.S., provides: As used in this act, "state agencies or subdivisions" include the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments

No.

Colorado Attorney General Reports · Dec 22, 1995

The designated enterprises at issue here (telecommunications center, cogeneration facilities, insurance operations and animal resource center) clearly appear to qualify as being "government-owned". … Consequently, the designated enterprises seem clearly to be "owned" by the University for purposes of Colo. Const. art. X , § 20 ( 2 )(d).

Opinion No. (2009)

Nebraska Attorney General Reports · Apr 16, 2009

The negative economic impact of the removal of the smoking exemption [in Omaha] to Cigarros is clearly represented. . . . … And if they want to work in any bar that does not qualify as a cigar bar they're free to work there.

Opinion Number

Louisiana Attorney General Reports · Jul 21, 2008

The corporation shall be either organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana. … After reading the statutes quoted above, it can clearly be concluded that, under state law, the requirements of citizenship and residency do not apply to officers, directors and stockholders of corporations applying for liquor