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Official Opinions


January 2007 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


06-073 The Honorable S. Lee Morris
Portsmouth General District Court

No specific obligation for process server to ascertain that residence is actual abode of person to be served prior to posting service; good faith and due diligence require server to make reasonable inquiry when it appears that residence might not be actual abode. Server may not always rely solely on address supplied by party requesting such service.

06-084 The Honorable Danny W. Marshall, III
Member, House of Delegates

Compliance with employee certification regarding prior criminal convictions is applicable to school board contracts for services where contractor or his employees reasonably could be expected to be in presence of students during school hours or during school-sponsored activities; whether particular contract is one for services that requires contractor or his employees to be in presence of students must be determined from terms of contract. School board must require certification information from subcontractors and their employees. Affected persons must certify that they have not been convicted of felonies or offenses involving sexual molestation, physical or sexual abuse or rape of child, and disclose convictions of crimes of moral turpitude. Whether certain crime involves moral turpitude depends on facts and nature of crime; crimes involving dishonesty do involve moral turpitude. Where contractor or relevant employee fails to meet certification requirements, contractor is not eligible for award of contract. Authority for school board to revoke contract in event of materially false certification; revocation of required license is within purview of licensing agency.

06-072 Mr. James E. Barnett
County Attorney for York County

No authority for York County School Board to prohibit possession of firearms at school board meetings that are not held on school property.

06-097 The Honorable Robert S. Wertz, Jr.
Commissioner of the Revenue for Loudoun County

Authority for county, city, or town to provide tax exemptions or deferrals only for real estate or manufactured homes owned by and occupied as sole dwelling of person at least sixty-five years of age or person permanently and totally disabled.  Phrase ‘owned by’ refers to persons to whom tax relief may be granted as determined on case-by-case basis.

06-103 The Honorable H. Russell Potts, Jr.
Member, Senate of Virginia
No authority for private reporting services to administer records companion animal facilities must maintain.  No authority for private organizations to conduct official inspections of companion animal facilities; State Veterinarian generally has discretion to determine time for and frequency of inspections of such facilities. State Veterinarian cannot ignore known operation of noncompliant facilities or use of noncompliant procedures to euthanize companion animals. Board of Agriculture and Consumer Services or its designee may assess civil fines for noncompliant facilities or procedures; Commissioner of Agriculture and Consumer Services may enjoin or shut down operations of such noncompliant facilities.