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11 No. 5 Tennessee Attorney General Reports and Opinions 1 (1982)

handle is hein.sag/sagtn0023 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 SEPTEMBER - OCTOBER 1982 VOLUME XI NUMBER 5 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act: Conducting, by telephone, Tennessee Motor Vehicle Commission meeting to hear staff attorney's recommend- ation. T.C.A. Secs. 4-5-306(c) and -312; 8-44-101 et seq., -102(d); and 55-17-105, -114, and -122. 260 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act: Department of Personnel promulgating as rules, pursuant to Uniiorm Administrative Procedures Act, revision of policies for State employees' leave and attendance. T.C.A. Secs. 4-5-102(10) and 8-30-204(a), -205, and -215. 272 ALCOHOL: Alcoholic Beverage Commission: Regulations: Wine: Statutory restrictions, and A.B.C. regulations, to which licensed wineries are subject; A.B.C. power to adopt rule allowing wines substantially from Tennessee produce to receive benefits under Grape and Wine Law. T.C.A. Sec. 57-3-207. 253 ANIMALS: Maintenance of, and responsibility for, privately- erected stock gaps on DeRalb County public roads. T.C.A. Secs. 29-20-203, 44-8-101 et seq., 54-7-109, and 54-10-108 and -110. 262 ANTITRUST: Clayton Act: Tennessee Antitrust Laws: Parameters to be considered by Insurance Department in determining whether American General-NLT merger would substantially lessen competition between subsidiary insurance companies. 15 U.S.C. Sec. 18; T.C.A. Secs. 56-8-104(9) and 56-10-101. 257 ANTITRUST: Clayton Act: Tennessee Antitrust Laws: Using Clayton Act standard in examining American General Corp.'s acquisition of NLT as satisfying Tennessee insurance antitrust statute requiring review of companies' competition. 15 U.S.C. Sec. 18; T.C.A. Secs. 56-8-104(9) and 69-101. 257 ANTITRUST: Tennessee Antitrust Laws: Applicability of Tennessee insurance antitrust statute to American General Corp.'s acquisition of NLT Corporation. T.C.A. Sec. 56-8-104(9). 257 APPROPRIATIONS: Constitutionality of act appropriating sum to refund penalty and interest charged a certain firm on a sales tax payment. Tenn. Const. Art. XI, Sec. 8: T.C.A. Secs. 67-2301 et seq.; Pub. Acts 1982, Sec. 49. 280

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