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Attorney General Opinions
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Opinions of Previous Attorneys General 1986-2012
Opinions of Previous Attorneys General 1986-2012
Page Content
1986
Opinion of the Attorney General's Office Regarding the Application of Reduced Jail Time for Good Behavior in County Jails (July 8, 1986)
Opinion of the Attorney General's Office Regarding the Application of the Open Governmental Proceedings Act and the Freedom of Information Act As it Relates to the Human Rights Commission (July 17, 1986)
Opinion of the Attorney General's Office Regarding the Payment of a City's Public Utility Tax by State Properties (August 6, 1986)
Opinion of the Attorney General's Office Regarding the Bidding Requirements of Projects Within County School Districts (September 25, 1986)
Opinion of the Attorney General's Office Regarding Whether a Hospital Can Enter Into Long-Term, Binding Debt Obligations Without Violating the State Constitution (October 2, 1986)
Opinion of the Attorney General's Office Regarding Whether to Division of Oil and Gas Is Authorized by Law to Appoint a Hearing Office and to Assess Penalties Due to Operator Noncompliance With Statutory and Regulatory Requirements (October 22, 1986)
Opinion of the Attorney General's Office Regarding the Creation of County Fire Boards and the Imposition of a Fire Service Fee (October 27, 1986)
Opinion of the Attorney General's Office Regarding Kanawha County's Ability to Consolidate County Government Services With Those Provided by Incorporated Municipalities (December 15, 1986)
1987
Opinion of the Attorney General's Office Regarding Whether the West Virginia Board of Regents Can Lease Property Owned by it at Marshall University to the Marshall University Foundation for the Purposes of Private Development (February 25, 1987)
Opinion of the Attorney General's Office Regarding Whether an Individual Engaged in the Business of Contracting Would Be Subject to the Registration Ordinance Passed by the City of Huntington (March 6, 1987)
Opinion of the Attorney General's Office Regarding the Authority of the State Board of Education to Adopt New Service Personnel Class Titles (March 10, 1987)
Opinion of the Attorney General's Office Regarding the Authority of the State Tax Commissioner As Chief Inspector and Supervisor of Public Offices to Audit Housing Authorities Created in Accordance With West Virginia Code (March 18, 1987)
Opinion of the Attorney General's Office Regarding Whether the Commissioner of the Public Service Commission is a Law Enforcement Official As Contemplated by West Virginia Code (March 27, 1987)
Opinion of the Attorney General's Office Regarding Whether the Secondary Schools Activities Commission Is an Agency of State Government That Must Comply With Regulations from the West Virginia Treasurer (May 8, 1987)
Opinion of the Attorney General's Office Regarding Whether a Dentist Who Provides Services for Employees and Dependents of the Harrison County Board of Education May Be Selected Through a Bid Process (July 7, 1987)
Opinion of the Attorney General's Office Regarding What Constitutes a 'Non-Moving Violation' for Purposes of the West Virginia Code (September 30, 1987)
Opinion of the Attorney General's Office Regarding Implementation of a Mandatory Garbage Fee in Berkeley County (October 6, 1987)
Opinion of the Attorney General's Office Regarding Whether a Member of the State Board of Education May Accept an Appointment As a County Health Director for the County in Which Said Member Resides (November 16, 1987)
Opinion of the Attorney General's Office Regarding the Authority of the West Virginia Racing Commission to Regulate the Fees Paid to Jockeys (December 23, 1987)
1988
Opinion of the Attorney General's Office Regarding Whether a County Commission May Limit or Direct the Way Funds Appropriated to a County Board of Health May Be Used (February 1, 1988)
Opinion of the Attorney General's Office Regarding the Steps Necessary for the Restoration of Driving Privileges for Individuals Whose Privileges Have Been Previously Revoked for Driving Under the Influence (February 1, 1988)
Opinion of the Attorney General's Office Regarding Whether a Bond Required by the Conditions of a Bid for a Construction Project Must Be Countersigned by a Licensed, Resident Agent As a Condition Precedent to Acceptance of the Bid (March 22, 1988)
Opinion of the Attorney General's Office Regarding an Application Filed by the City of Huntington Under West Virginia Code for a Permit for a 'Tele-Track Facility' for Broadcasting Thoroughbred and Harness Racing Events (April 13, 1988)
Opinion of the Attorney General's Office Regarding Whether Funds Paid Out of a County Treasury Are to Be Charged Against the Funds Appropriated in the Budget of the Prosecuting Attorney for the Purpose of Paying Special Prosecutors (April 13, 1988)
Opinion of the Attorney General's Office Regarding Whether Members of the State Emergency Response Commission and the Local Emergency Planning Committees Covered Under West Virginia Code Have Limited Civil Liability (April 26, 1988)
Opinion of the Attorney General's Office Regarding the Imposition of a Business and Occupation Tax by a Municipality (April 27, 1988)
Opinion of the Attorney General's Office Regarding the Proposed Joint Issuance of Refunding Bonds by Various Counties and Municipalities (May 6, 1988)
Opinion of the Attorney General's Office Regarding the Proposal of the City of Morgantown to Pledge Certain Revenues to the Payment of Bonds Contemplated to be Issued by the City (June 7, 1988)
Opinion of the Attorney General's Office Regarding Reporting Requirements for Labor Unions Established by West Virginia State Code (July 6, 1988)
Opinion of the Attorney General's Office Regarding the Legality of Board Members of a Public Service District Receiving Compensation for Work and Services Performed for the Board Above and Beyond the Compensation of Their Service As a Board Member (July 14, 1988)
Opinion of the Attorney General's Office Regarding the Accrual and Distribution of Monies of Annual Leave Days of an Eligible Employee and Under West Virginia Code (August 17, 1988)
Opinion of the Attorney General's Office Regarding the Applicability of the State Early Retirement Law (November 15, 1988)
Opinion of the Attorney General's Office Regarding Whether an Elected Official Must Resign His Office in Order to Qualify for Early Retirement Incentive Options (December 2, 1988)
Opinion of the Attorney General's Office Regarding Whether Persons Who Take Earlier Retirement Under Senate Bill 10 May Thereafter Be Employed by the Legislature Without Losing Their Early Retirement Incentive Benefits (December 12, 1988)
1989
Opinion of the Attorney General's Office Clarifying Previous Opinion Regarding the Rehiring of Persons Who Have Retired Under the Early Retirement Incentive Program (January 9, 1989)
Opinion of the Attorney General's Office Regarding the Disposition by West Virginia Banks of Funds or Other Personal Property Remaining in a Safe-Deposit Box Where the Lessee Thereof Has Defaulted on the Rentals Required by the Lease or Other Applicable Agreement (February 1, 1989)
Opinion of the Attorney General's Office Regarding Whether Members of the West Virginia Board of Regents Are Governed by a Conflict of Interest Policy (February 3, 1989)
Opinion of the Attorney General's Office Regarding Whether the Construction of the Bruce Hardwoods Manufacturing Facility in Randolph County Would Be Subject to the Prevailing Wage Law for Construction of Public Improvements (February 21, 1989)
Opinion of the Attorney General's Office Regarding a Request to the State Board of Investments from the Regional Jail and Prison Authority for a Loan in Excess of Its Borrowing Authority (March 15, 1989)
Opinion of the Attorney General's Office Regarding the Implementation of the Statewide Property Reappraisal Performed As a Result of the Property Tax Limitation and Homestead Exemption Amendment of 1982 (March 23, 1989)
Opinion of the Attorney General's Office Regarding Allocation of Losses Sustained by the Consolidated Investment Fund (April 26, 1989)
Opinion of the Attorney General's Office Regarding Sunday Greyhound Racing Activities at Wheeling Downs and Tri-State Dog Track (May 23, 1989)
Opinion of the Attorney General's Office Regarding the Applicability of Prevailing Wage on Construction Contracts to Be Bid and Administered by Canaan Valley Resorts, Inc. at Canaan Valley State Park (August 2, 1989)
Opinion of the Attorney General's Office Regarding the Applicability of the State's Early Retirement Incentive Program (October 16, 1989)
Opinion of the Attorney General's Office Regarding the Scope of the Zoning Authority of the Roane County Solid Waste Authority in the Context of a Proposed Medical Waste Incinerator (October 19, 1989)
Opinion of the Attorney General's Office Regarding the Implementation of Senate Bill 576 As It Pertains to Liability Coverage for Obstetric Treatment (October 23, 1989)
Opinion of the Attorney General's Office Regarding the Interpretation of West Virginia Code As It Relates to Residency of Delegates Representing the 31st Delegate District (November 6, 1989)
Opinion of the Attorney General's Office Regarding Various Legal Questions Raised by Bond Counsel Concerning the Proposed Community Provider Financing Program (December 1, 1989)
Opinion of the Attorney General's Office Regarding Losses to the Consolidated Fund As Well As Overpayment of Interest Earnings to Participants in the Fund (December 4, 1989)
199
0
Opinion of the Attorney General's Office Regarding Limitations on Contracting of State Debt (January 5, 1990)
Opinion of the Attorney General's Office Regarding the Activities of Junior Firefighters (January 17, 1990)
Opinion of the Attorney General's Office Regarding Potential Conflicts of Interest for Four Members of the Board of the West Virginia Economic Development Authority (January 31, 1990)
Opinion of the Attorney General's Office Regarding the Appropriate Procedure for Filling and Election Vacancy in the Thirteenth Judicial District of Kanawha County (January 31, 1990)
Opinion of the Attorney General's Office Regarding Whether a Municipality May Establish an Area Business Development Corporation and Whether it May Contribute General Funds to Be Used by the Corporation (February 16, 1990)
Opinion of the Attorney General's Office Regarding Whether the Strike by West Virginia's Teachers Is Legal and What May Be Done If Not (March 8, 1990)
Opinion of the Attorney General's Office Requesting the Proper Interpretation of Certain Provisions of the State Lottery Act (April 13, 1990)
Opinion of the Attorney General's Office Regarding the Legal Propriety and Consequences of Conducting Private Meetings With One or More Interested Parties During Rule-Making Proceedings (April 16, 1990)
Opinion of the Attorney General's Office Regarding the Rights of County Health Department Employees Who Are Including in the West Virginia Classified Service in Relation to State Employees in That Same Classified Service (April 18, 1990)
Opinion of the Attorney General's Office Regarding the Logan County Board of Education's Special Levy of November 8, 1983 (April 25, 1990)
Opinion of the Attorney General's Office Regarding the Manner in Which Vacancies on a County Board of Education Shall Be Filled (May 4, 1990)
Opinion of the Attorney General's Office Regarding Whether Under United States Code "'the Entire Beneficial Interest' in the Interest Earned on Lawyers' Trust Accounts Is Held by an Appropriate Organization" If It Is Held by The West Virginia Bar Foundation, Inc. Pursuant to Rules of Professional Conduct (May 15, 1990)
Opinion of the Attorney General's Office Regarding a Grant Agreement Entered Into Between the Department of Natural Resources and the City of Kenova Pursuant to West Virginia Code (May 24, 1990)
Opinion of the Attorney General's Office Regarding the Use of Out-Of-State Health Care Providers in the West Virginia Workers' Compensation Fund (May 30, 1990)
Opinion of the Attorney General's Office Regarding the Legality of Including Language in a Department of Health and Human Resources Appropriation That Would Regulate Abortions (June 26, 1990)
Opinion of the Attorney General's Office Regarding the Requirement of the Department of Public Safety to Pay a Pro Rata Portion of an Incremental Salary Increase to an Individual Whose State Employment Terminates Prior to July 1 of a Given Year (June 27, 1990)
Opinion of the Attorney General's Office Regarding Whether a Person May Hold the Office of Mayor of a Municipality and Also Serve As a Member of the County Commission (December 28, 1990)
199
1
Opinion of the Attorney General's Office Regarding Reporting Requirements for Labor Organizations Under West Virginia Code (January 4, 1991)
Opinion of the Attorney General's Office Regarding the Interpretation of West Virginia Code As It Relates to the Difference Between 'Permanent Endowment Funds' and 'Permanent Endowment Care Funds' (January 7, 1991)
Opinion of the Attorney General's Office Regarding the Legality of Sports Betting, Specifically Whether It Can Be Legalized by Statute or Would Require an Amendment to the West Virginia Constitution (January 8, 1991)
Opinion of the Attorney General's Office Regarding West Virginia's Licensure Law Psychologists (January 8, 1991)
Opinion of the Attorney General's Office Regarding Whether the Simultaneous Employment of a Single Person As both Director of Preneed Funeral Services and Executive Secretary of the West Virginia Board of Embalmers and Funeral Directors Creates a Conflict of Interest (January 8, 1991)
Opinion of the Attorney General's Office Regarding Whether a Person May Serve As Both a Member of a County Commission and a Legislator (January 9, 1991)
Opinion of the Attorney General's Office Regarding Whether the Authorization by the State Lottery Commission of the Use of Slot Machines Is Constitutionally Permissible and Whether the 1984 Constitutional Amendment Authorizes the Commission to Assign the Operation of Lottery Games to a Private Enterprise (February 14, 1991)
Opinion of the Attorney General's Office Regarding the Legality and Constitutionality of the Proposed Loan of Consolidated Pension Fund Monies to Cover the Cost of Salary Increases for West Virginia Public School Teachers (February 28, 1991)
Opinion of the Attorney General's Office Regarding Whether the Inclusion of a Nonsubstitution Agreement of Clause in a Lease-Purchase Agreement Violates the Public Policy of the State of West Virginia (July 9, 1991)
Opinion of the Attorney General's Office Regarding the Application of Military Leave Benefits (Non-Active Duty versus Activated Reservists) for State Classified Employees (July 16, 1991)
Opinion of the Attorney General's Office Regarding Military Leave Benefits for State Classified Employees (July 16, 1991)
Opinion of the Attorney General's Office Regarding Interpretation of West Virginia Code Determining Which Contractors Qualify for a Reduced License Fee (August 19, 1991)
Opinion of the Attorney General's Office Regarding Medicaid Reimbursement for Certified Nurse Practitioners (November 1, 1991)
Opinion of the Attorney General's Office Regarding Whether the Filing Fee for 1992 County Officials Is to Be Determined on the Basis of HB 2688, Passed by the 1991 Legislature (November 22, 1991)
199
2
Opinion of the Attorney General's Office Regarding the Constitutionality of Proposed Legislation Which Would Direct a Small Percentage of the Gasoline and Special Fuel Excise Tax Revenues to the Division of Natural Resources (February 19, 1992)
Opinion of the Attorney General's Office Regarding Clarification of Certain Issues Related to the Establishment of the West Virginia Health Care Planning Commission (February 24, 1992)
Opinion of the Attorney General's Office Regarding Mandatory Human Immunodeficiency Virus (HIV) Testing Requirements for Persons Convicted of Sex-Related Offenses Under West Virginia Code (February 25, 1992)
Opinion of the Attorney General's Office Regarding the Director of Personnel's Authority to Disqualify an Applicant Who Fraudulently Misrepresented His Qualifications to Obtain a Position in the Public Service (March 30, 1992)
Opinion of the Attorney General's Office Regarding Whether the 1992 Local Government Levy and Bond Issue Amendment Passage Would Apply to Issues Placed the November 3 General Election Ballot (October 27, 1992)
Opinion of the Attorney General's Office Regarding the Powers and Duties of the Division of Public Safety in Regard to Serving Protective Orders in Domestic Violence Prevention Cases (November 2, 1992)
Opinion of the Attorney General's Office Regarding the Proposed Award to B.J.W. Printing Company of the Printing Services Contract for the House of Delegates (November 10, 1992)
199
3
Opinion of the Attorney General's Office Regarding the Award of a Contract to Print the 1992 West Virginia Blue Book for the Senate of West Virginia (January 15, 1993)
Opinion of the Attorney General's Office Regarding Whether the State Lottery Commission's Proposals As to Video Lotteries Are Constitutionally Permissible When the Equipment Will Be Owned by Private Enterprises Rather Than the State of West Virginia (April 20, 1993)
Opinion of the Attorney General's Office Regarding Reimbursement of Educational Expenses to State Employees (July 2, 1993)
Opinion of the Attorney General's Office Regarding Whether the State Board of Education Exceeded Its Constitutional, Statutory, or Regulatory Authority in Assuming Administrative Control of the Logan County School System (July 6, 1993)
Opinion of the Attorney General's Office Regarding the Legality of the West Virginia Board of Investments to Invest the Trust Funds in the "Consolidated Pension Fund," Which Represents Monies of the Public Employees Retirement System, in Corporate Stock of Any Private Corporation or Association (July 13, 1993)
Opinion of the Attorney General's Office Regarding Whether Delinquent and Forfeited Land May Continue to Be Sold in Accordance With West Virginia Code (July 30, 1993)
Opinion of the Attorney General's Office Regarding Whether Gubernatorial Appointees to the State Building Commission Who Have Not Yet Been Confirmed by the West Virginia State Senate Should Formally Participate in the Business and Activities of the State Building Commission (August 2, 1993)
Opinion of the Attorney General's Office Clarifying Previous Opinion Regarding Appointment of Members to the West Virginia State Building Commission (September 7, 1993)
Opinion of the Attorney General's Office Regarding the Interpretation of West Virginia Code Pertaining to Existing Permitted Solid Waste Facilities (September 9, 1993)
Opinion of the Attorney General's Office Regarding Who Is the Cable Television Rate Regulatory Authority in West Virginia (September 9, 1993)
Opinion of the Attorney General's Office Regarding Whether by
Virtue
of the 1992 General Election If the Pritt for Governor Committee Has Earned Ballot Status for the 1994 Elections (September 22, 1993)
Opinion of the Attorney General's Office Regarding Whether School Service Personnel Employed by a County Board of Education Can Receive Retirement Credit With the State Teachers' Retirement System for Service With School Districts From Other States (September 27, 1993)
Opinion of the Attorney General's Office Regarding Whether the Current Volleyball and Basketball Seasons for Girls in West Virginia Secondary Schools Constitute Discrimination on the Basis of Gender, Constitute Denial of Equal Protection of the Laws, or Both (November 2, 1993)
199
4
Opinion of the Attorney General's Office Regarding Whether the Child Advocate Office Must Execute a $100 Bond Before the Clerk of the Court at the Time It Files a Complaint Against a Nonresident (January 11, 1994)
199
8
Opinion of the Attorney General's Office Regarding Proposed Legislative Rules Proposed by the Commissioners of Banking, Insurance, and Tax (April 16, 1998)
2007
Opinion of the Attorney General's Office Regarding Whether Real Estate Transactions Between the State Armory Board and Other Public Bodies Are Exempt From Approval by the Board of Public Works (November 5, 2007)
2008
Opinion of the Attorney General's Office Regarding Applicability of the Discretionary Salary Increase "Freeze" to the Board of Dental Examiners (July 16, 2008)
2009
Opinion of the Attorney General's Office Regarding Whether the Use of a Charitable Raffle Ticket Dispenser Machine by Charitable Raffle Licensees Permitted Under West Virginia's Charitable Gaming Laws (February 2, 2009)
Opinion of the Attorney General's Office Regarding an Amendment to the West Virginia Code Pertaining to the Fees to Be Collected by the Clerk of the County Commission (February 2, 2009)
2010
Opinion of the Attorney General's Office Regarding the Ability of the Governor to Proclaim a Special Election to Fill the Remainder of the Unexpired Term in the United States Senate Created by the Passing of U.S. Sen. Robert C. Byrd (July 8, 2010)
Opinion of the Attorney General's Office Regarding Whether a Member of the West Virginia State Election Commission With Employment Status as a Classified State Employee Receiving a Per Diem Is Considered a Paid Public Office as Contravened by West Virginia Code (August 2, 2010)
Opinion of the Attorney General's Office Regarding the Special Primary Election to Be Held August 28, 2010 (August 24, 2010)
Opinion of the Attorney General's Office Regarding Certain Issues Involving State Employees Vis a Vis the August 28, 2010 Special Election (August 25, 2010)
2011
Opinion of the Attorney General's Office Regarding Whether the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program Constitutional in Light of the Recent United States Supreme Court Ruling on the Arizona Law (July 28, 2011)
2012
Opinion of the Attorney General's Office Regarding Whether the West Virginia Board of Pharmacy Has the Authority to Entertain and Issue a Declaratory Ruling Pertaining to the Interpretation, Validity, and Constitutionality of Certain Aspects of the West Virginia Pharmacy Act (June 7, 2012)
Note: Attorney General's Office Opinions from 1994 to 2012 are available as they were printed in the
State Register
.
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