Opinions, Guidelines and Certificates of Review Topical Index

(Please note that some of the Opinions and Guidelines listed below are for reference only. The actual Opinions and Guidelines can be found in the volumes of the Idaho Attorney General's Opinions and Annual Report.)

A

Abortion Issues
Opinion 93-1 - Abortion parental notification provision in I.C. § 18-609(6) is vulnerable to constitutional challenge.

Opinion 93-1 - Criminal sanctions against abortion providers.

Opinion 93-1 - Department of Health and Welfare must provide abortion providers with printed materials and publish annual report.

Opinion 93-1 - Statute requiring that second-trimester abortions be performed in a hospital is unconstitutional.

Certificate 7/19/1995 - Protection from Late Term Abortion Act".

Certificate 7/21/1995 - Family and Child Protection Act.

Certificate 10/13/1995 - Definition of Life.

Opinion 98-01 - Legal analysis of abortion issues based upon existing Statute, draft legislation, and recent court decisions.

Accountants, State Board of
Opinion 77-25 - Distinguishing between Certified Public Accountants and Licensed Public Accountants.

Opinion 86-1 - Legislature may restrict use of word “accountant” to licensed and certified individuals.

Administration
Opinion 75-3 - Treatment of group insurance and surplus deficit.

Opinion 75-51 - Legality of lease-purchase contracts by states.

Opinion 75-70 - Legality of Multiple Awards Contracts.

Guideline 2/6/1980 - Authority of Deferred Compensation Committee to consider late bids.

Guideline 3/10/1980 - Authority of Governor to appoint administrators of divisions created by administrative action.

Guideline 2/27/1984 - Whether state agencies are free to release necessary information to risk manager to defend against tort claims.

Opinion 11/24/2014 - The University of Idaho should not obtain its own risk or property insurance unless it does so by paying premiums with moneys not derived in whole or in part from state funds. It may obtain its own risk or property insurance if it pays the premiums with money not obtained in whole or in part from state funds.

Administrative Procedure Act
Opinion 75-9 - Hearings by Department of Labor and Industrial Services not subject to A.P.A.

Opinion 78-12 - Revocation or amendment of administrative rules and regulations previously approved by legislature.

Opinion 84-11 - Promulgation of IDAPA 09.30.055 was proper exercise of Department of Employment rulemaking authority.

Guideline 4/12/1985 - Fees intended to reimburse costs incurred by a district board of health are within the definition of rulemaking for the purposes of Idaho Code §39-416 and the Administrative Procedure Act.

Opinion 88-9 - Eighteen-month permanency planning review hearings, required by federal Adoption Assistance and Child Welfare Act, are not contested cases and thus need not comply with Idaho Administrative Procedure Act.

Guideline 11/16/1993 - Agencies must transmit proposed permanent, but not temporary, rules to administrative rules coordinator and legislative council at same time and may use temporary rulemaking only after finding that one of three exceptions exists.

Administrative Rules
Guideline 8/9/1995 - Division of Statewide Administrative Rules cannot copyright the Idaho Administrative Rules and, under Public Records Act, must provide public copies of draft administrative rules at actual cost.

Guideline 11/29/2005 - Administrative rule not rendered invalid if it conflicts with legislative intent provided rule conforms to language of statute upon which authority of rule rests.

Agriculture
Opinion 75-73 - Slaughter and sale of beef.

Opinion 76-63 - Definition of ice cream factory.

Opinion 78-3 - Interest from Rural Rehabilitation Loan Fund.

Opinion 80-8 - Inclusion of sale or consumption of animals in determining what is agriculturally produced for income tax purposes.

Opinion 81-4 - Establishment of fees for Grade A Dairy Inspections.

Guideline 9/30/1981 - Effect of Right to Farm Bill on existing ordinances.

Guideline 1/5/1982 - Applicability of egg assessment levy through LDS welfare program.

Guideline 3/2/1982 - Bill prohibiting trespass by vehicles on private land devoted to agriculture constitutional.

Guideline 8/22/1983 - Effect of 1983 amendments to statute requiring brucellosis vaccinations for certain cattle.

Guideline 2/6/1986 - Authority of the Farm Foreclosure Review Board is advisory only.

Guideline 2/17/1989 - Smoke Management Act, in conjunction with Idaho Code § 52-108, provides grass growers with more protection from public or private nuisance lawsuits than Right to Farm Act provides to farmers in general.

Guideline 7/30/1998 - Specific language of Idaho Smoke Management Act, which prohibits promulgation of rules relating to burning of crop residue, and department of health and welfare's duty under Idaho Environmental Protection and Health Act to protect air quality, including issuance of emergency orders requiring cessation of air pollution emissions, govern over department of agriculture's general authority to regulate agricultural waste.

Guideline 2/28/1992 - Statutorily created cause of action for agriculture food product disparagement.

Guideline 2/16/2000 - When permit to sell milk for human consumption is temporarily revoked, Dept. of Agriculture may enter into consent agreement with dairyman for donation of forfeited proceeds to charitable organization chosen by dept.

Opinion 01-3 - Determination by director that there are no viable agricultural alternatives to crop burning must be based on documentary evidence to create a record that can be reviewed by a court under the Administrative Procedures Act.

Alcoholic Beverages/Sales
Guideline 1/16/1985 - Without further legislative guidance, the scope of exceptions under Idaho Code §23-1023 remains unclear.

Guideline 4/6/1993 - Persons under 21 years of age may enter premises licensed to serve alcohol with a restaurant endorsement, and state law does not require partition between bar and restaurant.

Guideline 5/24/1994 - Persons under 21 years of age may be arrested for illegal consumption of alcohol even though misdemeanor crime does not carry a jail sentence.

Guideline 12/20/2004 - Persons under 21 years of age are prohibited from entering separate room in restaurant where alcohol is kept and mixed, such as cocktail lounge or tavern, and room must be posted as restricting entry or loitering by persons under 21 years of age.

Certificate 2-21-2012 - Initiative Petition to Privatize the Retail Sale of Alcoholic Liquor in the State of Idaho.

Ambulances
Opinion 77-52 - Public information status of information obtained by public ambulance service in regard to patients.

Guideline 8/8/1979 - Ambulance services discussed.

Americans with Disabilities Act
Guideline 1/12/1994 - City's failure to adopt and enforce ADA as required by I.C. § 39-4116(2) and title II of ADA may subject city to federal, state and private compliance actions.

Animals
Guideline 4/5/1984 - Idaho laws regarding scientific experiments.

Guideline 2/10/1986 - Proposed wolf depredation statute would directly conflict with the federal Endangered Species Act and would create exposure to federal prosecution.

Certificate 1/14/2010 - Initiative Petition Regarding Animal Cruelty.

Certificate 2/16/2010 - Initiative Petition Regarding Animal Identification.

Certificate 5-13-2011 - Proposed Initiative to Make Torture of Animals a Felony.

Arrest Authority
Certificate 2/8/2010 - Initiative Petition Regarding Arrest Authority.

Associations
Guideline 7/7/1982 - Auditing of horse breeding associations.

Auditor
Opinion 76-16 - Legality of deferred compensation.

Opinion 82-1 - No constitutional bar to legislatively created office conducting duties similar to State Auditor.

Auditorium Districts
Guideline 7/17/1985 - Greater Boise Auditorium District discussed.

Guideline 7/17/1985 - The authority of special purpose taxing districts is granted by the legislature and not by the formation petition. A district may conduct any statutorily authorized activity until it is dissolved by the legislature or by election.

Guideline 7/17/1985 - The Greater Boise Auditorium District’s support of a “Convention and Visitor’s Bureau” is a lawful expenditure since it promotes the function and purpose of the district.

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