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Official Opinions


October 2005 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor



Colonel W. Steven Flaherty
Superintendent, Virginia Department of State Police
Amendments imposed by Chapter 732 OF 2005 Acts of Assembly do not impact Department of State Police or other state law-enforcement agencies; § 9.1-706 continues to preserve sovereign immunity of Commonwealth and its agencies.



The Honorable Michael D. Wolfe
Clerk of the Circuit Court of Alleghany County


Appeal of determination of bond from general district court to circuit court is civil in nature; fees and costs for appeal should be calculated, taxed, and collected as civil proceeding.



Mr. Barry R. Green
Director, Department of Juvenile Justice


‘List of eligible persons’ for state-operated court services unit directors is individuals submitted by Director of Department of Juvenile Justice to judges; such list is only list from which judges may appoint director. Should list be unsatisfactory, judges may request, without limitation, that new lists be developed using process for initial list.



The Honorable Ken Cuccinelli
Member, Senate of Virginia


Private right of action does not exist for private individuals and entities to enforce provisions of Campaign Finance Disclosure Act and Disclosure Requirements for Political Campaign Advertisements.

The Honorable Martin E. Williams
Member, Senate of Virginia

Car rental companies may not assess and collect nongovernmentally mandated ‘vehicle licensing fee’ as separate charge on consumer car rental transactions. Disclosure of unadvertised, nonmandatory charges for car rental transactions at point of sale does not constitute adequate disclosure pursuant to Virginia Consumer Protection Act of 1977.