what is an attorney general letter ruling

by Anthony Hamill 3 min read

The attorney general also issues informal open records letter rulings. Letter rulings are limited to the particular information at issue in each particular request and limited to the facts presented. Unless explicitly stated otherwise, letter rulings are not to be cited as precedent.

Search and Review Open Records Decisions, and Letter Rulings
These decisions usually address novel or problematic legal questions. The Attorney General signs these letters. The ORD may cite to Open Records Decisions as precedent in its rulings. ... These informal letter rulings are based on established law and practice.

Full Answer

How are letter ruling requests assigned to an attorney?

5 rows · If you received a ruling from the Office of the Attorney General and have questions concerning ...

What is an informal letter ruling?

Oct 06, 2017 · A letter ruling assignment process that assigns ruling requests to branches following a rotational (“next-in-line”) process, or a process under which the Branch Chief or the Associate Office’s front office management must approve …

What are open records letter rulings?

Dec 07, 2021 · Missouri Dept. of Health and Senior Services, Missouri Attorney General Eric Schmitt this morning sent a letter to local public health agencies and school districts informing them of the decision and requiring them to stop enforcing any mask mandates, quarantine orders, or any other public health orders that are null and void under the judgment. “The …

Who can request a formal Attorney General's written advice?

The Open Records Division (ORD) generally issues Open Records Letter Rulings within 45 business days of receipt of the request for a decision. Open Records Letter Rulings are limited to the information at issue in each request and limited to the facts as presented to the ORD. Unless explicitly stated otherwise in the ruling, a governmental body cannot rely upon it as a previous …

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What is a request for ruling?

Ruling Request means any letter filed by Parent with the IRS or other Tax Authority requesting a ruling regarding certain tax consequences of any of the Separation Transactions (including all attachments, exhibits, and other materials submitted with such ruling request letter) and any amendments or supplements to such ...

Why would I get a letter from the Texas attorney general?

In most cases, an opinion that is designated by the initials of the attorney general addresses issues that are or may be of interest to persons throughout the state. A letter opinion generally addresses issues that are local in nature or that affect the interests of a particular person or group.

Are Texas attorney general opinions binding?

Q What legal weight and authority does an attorney general opinion have? A Texas Supreme Court opinions addressing this question consistently indicate that, while attorney general's opinions are persuasive, they are not controlling or binding on the courts.

Who can request an opinion from the Texas attorney general?

The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor. Authorized requestors include: the governor. the head of a department of state government.

Which office is responsible for responding to requests for information that fall under the Texas Public Information Act?

the Office of the Attorney GeneralThe Open Records Division of the Office of the Attorney General issues rulings and decisions that determine whether information is open to the public under the Public Information Act and other applicable laws.

How do you submit an open records request in Texas?

How do I submit a Public Information Request?Emailing to [email protected] to 512-239-OPEN (6736).Mailing to: Public Information Officer, MC 197. Texas Commission on Environmental Quality. P.O. Box 13087. ... Hand delivering to: Public Information Officer. Texas Commission on Environmental Quality.Jan 3, 2022

Are Texas court records public?

In the case of a court with one judge, the records custodian is the judge of the court. Judicial records are open to the public unless exempt from disclosure, and where a respondent does not raise exemptions and the special committee cannot conclude any apply the records must be released.

Who is the attorney general of Texas?

Ken Paxton (Republican Party)Texas / Attorney generalKen Paxton is the 51st Attorney General of Texas. He was elected on November 4, 2014, and sworn into office on January 5, 2015. As the state's top law enforcement officer, Attorney General Paxton leads more than 4,000 employees in 38 divisions and 117 offices around Texas.

What are the examples of opinion?

The definition of an opinion is a belief, impression, judgment or prevailing view held by a person. An example of opinion is the San Francisco Giants are the best baseball team. An example of opinion is purple is the best color. An example of opinion is capitalism is better than socialism.

What is a statement of opinion?

An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.

How much impact do opinions issued by the Texas Attorney General AG have on public policy?

what is the impact of the of the attorney general on public policy? When the attorney general issues an opinion on public policy, his opinions have the force of law. What does Texas's balanced budget requirement entail? By law, the state legislature cannot adopt a budget that exceeds anticipated revenue.

How do you ask for a legal opinion?

The California Supreme Court and Court of Appeal are state agencies authorized to request opinions. Requests should come from the chief justice or a presiding justice of the court or, as is usually the case, be submitted by the Administrative Office of the Courts.

How do I write a letter to the attorney general?

There is a correct way to address a letter to the state or US Attorney General. For the Attorney General of the United States address the envelope: The Honorable/(Full name)/Attorney General of the United States/(Address). The salutation of the letter should be: Dear Attorney General (last name).

How do I request a legal opinion?

2 Answers the problem is deed of family settlement has not been stamped and registered . such a document would be in admissible in evidence . it is better to obtain deed of relinquishment from your 2 aunts. it should be duly stamped and registered.

Who is the assistant attorney general of Texas?

Brent WebsterBrent Webster was appointed by Ken Paxton to be First Assistant Attorney General in 2020.

Does Texas have an open records law?

Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer's agent may not ask why you want them. All government information is presumed to be available to the public.

Does Texas have a Freedom of information Act?

Any person, not just citizens of Texas, can request public information. ... The Texas Public Information Act allows 10 days for a response to public record requests.

What is an open records request in Texas?

An open records request is a written request for public information contained in the files or records of a Texas governmental agency, including the Department of Banking (Department). ... To be released, it cannot be confidential under law or exempt from disclosure by the Public Information Act.

Are email addresses public record in Texas?

"Therefore, the City Officials' email addresses are not shielded from disclosure and must be disclosed as public information," the court ruled. The ruling could have implications on communications among officials at the state level. ... "It's a good day for open government in Texas," Aleshire said in a statement.Apr 8, 2016

Are police reports confidential in Texas?

Generally, the front page of a police report is public. Records that would hinder the investigation or prosecution of a crime if they are released are exempt from disclosure. Information collected and maintained by the judiciary is not covered by the Texas Public Information Act.

Open Records Letter Rulings (ORLs)

If you received a ruling from the Office of the Attorney General and have questions concerning that ruling, visit the page about questions regarding open records letter rulings .

Google Search Open Government: ORLs, etc

This search facility is provided by Google and has been refined to search for: ORLs, ORDs, etc. The Office of the Attorney General has no control over the order, currency and completeness of the search results provided.

What is a letter ruling assignment?

A letter ruling assignment process that assigns ruling requests to branches following a rotational (“next-in-line”) process, or a process under which the Branch Chief or the Associate Office’s front office management must approve the assigned attorney, are appropriate safeguards.

When a request for a letter ruling presents a particularly difficult question of law, what is a memor

When a request for a letter ruling presents a particularly difficult question of law a memorandum may be prepared for reviewing officials that discusses the authorities (including court cases and previous determinations by the Service) and the reasoning supporting the initiator’s conclusion that are not included in the proposed reply to the request. These memoranda may be appropriate in borderline cases where there does not appear to be any clear precedent.

What is an associate chief counsel?

The Associate Chief Counsel (Corporate), the Associate Chief Counsel (Financial Institutions & Products), the Associate Chief Counsel (Income Tax & Accounting), the Associate Chief Counsel (International), the Associate Chief Counsel (Passthroughs & Special Industries), the Associate Chief Counsel (Procedure & Administration), and Division Counsel/Associate Chief Counsel (TEGE) (collectively, the Associate Offices) generally will issue a letter ruling to a taxpayer in response to the taxpayers’ written inquiry about its status for tax purposes or the tax effects of its acts or transactions. See Revenue Procedure 2013-1 (or successor revenue procedure) for nonexclusive lists of circumstances in which a letter ruling will be issued and will not be issued.

How long does it take for a letter ruling to be issued?

The Office of Chief Counsel generally will respond to requests for letter rulings within 180 days of the date of receipt. Branch personnel must notify the Associate Chief Counsel or Deputy Associate Chief Counsel when the branch determines that a response will not be provided within 180 days of the date of receipt. This notice generally should be provided no later than 165 days from receipt of the request for letter ruling.

Who must verify that a person is properly authorized to receive the taxpayer information of another person?

Counsel employees must verify that a person is properly authorized to receive the taxpayer information of another person prior to discussing any tax matter or information that may be subject to the disclosure provisions of the Code.

When assigning, preparing, or reviewing letter rulings, whether or not more than one issue is involved, should

When assigning, preparing, or reviewing letter rulings, whether or not more than one issue is involved, each initiator should be alert to the possibility that the issue or issues in the request may involve two or more Code sections that are under the jurisdiction of more than one office. In any case where a conflicting interpretation appears to be developing or to have occurred, every effort should be made to resolve the matter at the earliest stage of consideration and at the lowest managerial level. Matters that cannot be resolved at the lowest managerial level should be referred promptly to succeeding levels of authority until resolved. The matter is to be handled expeditiously and each level of authority will attempt to resolve the matter informally, but as a matter proceeds to higher levels of review certain memoranda may need to be prepared.

Can a letter ruling be retroactive?

Pursuant to section 7805 (b) (8), it is within the discretion of the Commissioner or the Commissioner’s delegate to prescribe the extent, if any, to which any letter ruling (or determination letter) will be applied without retroactive effect.

Who Can Request an Attorney General Opinion?

Only those requestors authorized by law may seek the Attorney General's written advice through a formal opinion.

How do I Request an Attorney General Opinion?

No specific formatting requirements exist to submit a request, but it should include any relevant background information and known legal authorities significant to the subject matter.

Who Can Submit a Brief?

The Attorney General accepts briefing on pending opinion requests from any governmental entity, organization, or person, including members of the general public. Briefing should be submitted by Email to [email protected] . All briefing and materials submitted are subject to the Public Information Act.

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