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2024 Op. Idaho Att'y Gen. 1 (2024)

handle is hein.sag/sagid0106 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL RAJL R. LABRADOR ATTORNEY GENERAL OPINION NO. 24-01 TO: The Honorable Mike Moyle Idaho House of Representatives P.O. Box 83720 Boise, Idaho 83843 On March 4, 2024, we received your letter dated March 1 requesting a written opinion from the Attorney General regarding the scope of the authority of the University of Idaho Board of Regents and whether it may acquire, own, or operate a private institution of higher education by creating or authorizing the creation of a corporation. You have also asked whether a quo warranto action by the Attorney General would be appropriate if the Board has exceeded its constitutional authority. Your request raises important questions of Idaho law, and therefore this opinion is published as an official opinion of the Idaho Office of the Attorney General. QUESTIONS PRESENTED 1. What is the scope of authority of the Board of Regents of the University of Idaho under Article IX, Section 10 of the Idaho Constitution? 2. What limitations, if any, are there to the scope of authority of the Board of Regents of the University of Idaho under Article IX, Section 10 of the Idaho Constitution? 3. Does the State Board of Education, in its capacity as the Board of Regents of the University of Idaho or in any other capacity, have the constitutional or statutory authority to: a. Acquire a private institution of higher education? b. Own a private institution of higher education? c. Operate a private institution of higher education? d. Create a corporation? e. Authorize the creation of a corporation? EXECUTIVE OFFICE P.O. Box 83720, BOISE, IDAHO 83720-0010 TELEPHONE: (208) 334-2400, FAX: (208) 854-8071 LOCATED AT 700 W. JEFFERSON STREET, SUITE 210

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