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Official Opinions


October 2001 Opinion Index
Please click Opinion number to view entire opinion.

Opinion # Requestor Summary
01-101 The Honorable Thomas C. Wright Jr.
Member, House of Delegates
Institutional Review Board is not ‘public body’ subject to the Act’s disclosure requirements. Records generated by such board are not ‘public records’ prepared, owned or possessed by public body; are not required to be open for public inspection. Act’s open meeting requirement does not apply to meetings of Institutional Review Boards and human research review committees.
01-093 The Honorable Judy L. Worthington
Clerk, Circuit Court of Chesterfield County
Circuit court, and not clerk, must make specific finding that indigent defendant has demonstrated particularized need for free copy of his trial transcript. Funds expended for preparation of transcript for indigent defendant may be reimbursed pursuant to circuit court order specifically providing for such payment. Indigent defendant previously provided with copy of arrest warrant, indictments and conviction orders is not entitled to additional copies. Circuit court clerk may not waive fees for copying document previously furnished to indigent defendant at no charge.
01-088 The Honorable Glenn M. Weatherholtz
Member, House of Delegates
Locality, which contributes to its retirees’ health insurance, may take into account state credit paid toward health insurance of retiree of local constitutional officer.
01-091 The Honorable William Page Johnson II Commissioner of the Revenue for the City of Fairfax Commissioner of revenue may publish on Internet web page names of businesses licensed to do business in commissioner’s locality.
01-035 The Honorable Ross A. Mugler
Commissioner of the Revenue for the City of Hampton
Exception to federal preemption applies to local license tax levied on businesses participating in TRICARE health insurance program because tax is imposed on broad range of business activity and not solely on cost of individual heath care benefits.
00-108 The Honorable Susan P. Ford
Commissioner of the Revenue for Powhatan County
Commissioner of revenue has no authority to effect change in real property ownership on land books based on recorded deed of gift, with attached holographic will that has not been recorded or probated.