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Official Opinions


July 2009 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


09-032 The Honorable Linda T. Puller
Member, Senate of Virginia

Medical malpractice review panel or fact finder must apply standard of care based on that degree of skill and diligence practiced by comparable health care providers throughout Commonwealth, as well as expert witness testimony regarding such standard; Virginia law permits proof of local customs to determine appropriate standard. General Assembly has not adopted national standard or particular organization’s standard of care.

09-022 The Honorable Robert G. Marshall
Member, House of Delegates

Local school board may select and use textbooks that are not approved by Board of Education, provided it complies with Board’s regulations governing such selection. Local school board must give ‘official approval’ of criteria to be used for review and assessment of textbooks at local level. Attorney General declines to respond to factual determination of whether evaluation committee had ‘official approval.’

09-005 The Honorable Ken Cuccinelli, II
Member, Senate of Virginia

Based upon Supreme Court of Virginia decision, notice stating that owner is notified of filing of lien, which is recorded with general contractor's mechanic's lien which merely indicates on its face that it is addressed to owner at last known address and lists certified mail number, is not sufficient to satisfy strict requirement of § 43-4.

08-111 The Honorable R. Lee Ware
Member, House of Delegates

Exemption for Commonwealth’s and assistant Commonwealth’s attorneys from general prohibitions on carrying concealed handguns, subject only to restrictions in § 18.2‑308(J1); may carry concealed handguns on school property. No specific prohibition against such individuals consuming alcohol while carrying concealed handguns; restricted by existing statute against being ‘under the influence’ of alcohol or illegal drugs. No presumption that General Assembly specifically considered issues analyzed in opinion when it enacted 2008 Amendments. Presumption that General Assembly is aware of Attorney General opinion; may amend statute to supersede opinion.