Case law

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

Opn. No.

New York Attorney General Reports · Aug 12, 1997

Also, the statutes and regulations applicable to the State Athletic Commission make it clear that combative sport does not qualify as boxing or wrestling, which are regulated by the Commission. … Clearly, under the statute's provisions and legislative history combative sport is contrary to the public policy of the State.

Opinion No.

Arkansas Attorney General Reports · Jul 1, 1992

Your final question concerns what happens when two or more applicants are substantially equally qualified and one of them is a veteran. … Section 21-3-302 (B) of the Arkansas Code provides clearly in this situation that the veteran must be given preference.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1962

Our answer Is that such agreed supervisors must be qualified voters of the county but they are not required to be qualified voters of the election precinct in which they may serve. … they are named to serve. . . .11 The following principle of law is well established,and is applicable and determinative in this situation.

Opinion No. 38-82 (1982)

Missouri Attorney General Reports · Jan 14, 1982

The director of the Department of Public Safety may certify a peace officer only after the training standards established under Sections 590.100 to 590.150 are met by a probationary officer. … The second permitted use of excess funds under Section 590.140 .2 is clearly limited to law enforcement personnel employed or appointed by the city or county.

(2007)

92 Op. Att'y Gen. 80 · Maryland Attorney General Reports · Jul 18, 2007

Before 2006 The State election law has made provision for absentee voting since 1918 2 and was most recently amended in 2006. 3 The General Assembly has directed the State Board of Elections ("SBE") to establish guidelines … It stated that "Article I, § 3 clearly indicates that the inability to vote personally applies to `absent' voters, not those who find the voting day to be inconvenient." Id. at 90-91. D.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1947

B. 167 must conform to the provisions in Section 2, Article I, among others, to establish their eligibility under the Act; Secti.on 2, Article I, reads, in part, as … first submitted question in Opinion No0 O-7246 under its fact situation is correct, but that this Department's answer therein to the second submitted ques- tion is clearly

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1987

Reference to the General Assembly's definition of terms within the meaning of the public Employees Retirement System law is also consistent with the established rule of statutory construction providing that, where interpretation … and who qualify by meeting the requirements set forth in Act 717.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1997

Nor does the list establish a seventh, open-ended category indemnifying, for example, any otherpublic servant. … They would have a conditional or qualified privilege against a defamation suit under appropriate circumstances.

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.

Arkansas Attorney General Reports · Oct 28, 1999

Finally, the court found the pertinent statutes "void for vagueness," in light of the fact that the statutes were unclear, did not clearly outline the conduct required, and gave public officials unreviewable discretion in … The Arkansas Supreme Court in Citizens to Establish a Reform Party v.

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

Attorney General Opinion No.

Kansas Attorney General Reports · Dec 17, 2002

"Clearly, it is only a vested right which cannot be taken away except by due process of law. 16 Am.Jur.2d § 365, p. 694. … "Kansas law clearly establishes the incumbent to a public office enjoys no property or vested interest in public office. In Lynch v.

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 .

Opinion No. (2003)

Nebraska Attorney General Reports · Jul 9, 2003

An application may be filed no more than ninety days in advance of qualifying for retirement. … Stat. § 24-701 (23) establishes duties for your office: Termination of employment [for a judge] occurs on the date on which the State Court Administrator's office determines that the judge's employer-employment relationship

Opinion No.

Arkansas Attorney General Reports · Mar 4, 1988

The Act contains similar benefit provisions for firemen and policemen, and states the following under both Sections 1 and 2: The additional benefits provided herein shall be effective for all qualifying applications first … It is well-established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the intent for retroactive application is clearly expressed. Arkansas Rural Medical Practice v.

(1974)

63 Op. Att'y Gen. 16 · Wisconsin Attorney General Reports · Jan 28, 1974

Such section states in part: "118.21 Teacher contracts. (1) The school board shall contract in writing with qualified teachers . . . . … Subchapter IV of ch. 111, Stats., establishes the right of municipal employes and employers to confer and negotiate concerning "wages, hours and conditions of employment" and to reduce such negotiations to a binding contract

Opinion No.

Arkansas Attorney General Reports · Feb 22, 2008

under § 14-169-207 , a regional housing authority established under § 14-169-304 , or a consolidated housing authority established under § 14-169-401 [.] 1 All varieties of public housing authority have been legislatively … In my opinion, under Arkansas law, a housing authority cannot establish its own law enforcement agency by employing individuals qualified to serve as "law enforcement officers" in that they have completed the training program

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2011

before the word it modifies, 8 indicating that "substantial" in this case clearly modifies "input." … State , 337 Ark. 503 , 989 S.W.2d 533 (1999). 16 If it is established that an appointee in fact is not qualified, there are three possible causes of action that may be brought to remove an individual who is ineligible to

Opinion Number

Louisiana Attorney General Reports · Jan 14, 1997

Dear Representative McDonald: You have requested an Attorney General Opinion relative to the sale of a hospital facility owned by a duly established hospital service district. … Can a hospital owned by a duly established hospital service district be sold ? 2.