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1984 Tennessee Attorney General Reports and Opinions 1 (1984)

handle is hein.sag/sagtn0032 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 MARCH - APRIL 1984 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act: Powers: Rules: Authority of Human Rights Commission to make orders from administrative hearings public; require- ment that orders from administrative hearingfs be made available to public upon request; removal of names of parties and witnesses from public records. 42 U.S.C. SS 2000e - 5(b), -2000e - 8(e); T.C.A. SS 4-21-118, -119(b), 8-44-101 et seq., 10-7-503, -504, 23-3-105. 84-104 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act: Powers: Rules: Effect of statutory prohibition against ex parte communications on letters submitted to decision- maker by counsel during pending case where copies were sent by each side to opposing counsel. T.C.A. SS 4-5- 304 et seq. 84-087 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act: Powers: Tellico Reservoir Development Agency (TRDA) as a state agency; TRDA as subject to audits by comptroller, approval of government entities for budget, bond issuance, contracting, purchasing; requirement of TRDA to comply with Uniform Administrative Procedures Act; liability of state for debts and contract obligations of TRDA; legality of legislator serving on TRDA Board of Directors; effect of legislature's repeal of TRDA's enabling legislation; ability of private, non-profit entity or local government planning board to perform functions of TRDA; necessity of establishing TRDA through statutes; difference of legal status of TRDA and other river basin authorities. U.S. Const. Art. I, S 10; Tenn. Const. Art. 11, S 10; Art. XI, S 2; T.C.A. SS 4-3-304, 4-5-102, 4-5-201 et seq., 4-29- 101 et seq., 8-4-109, 9-6-101 et seq., 9-7-107, 12-3-101 et seq., 12-4-101 et seq., 64-1-701 et seq. 84-11' ADVERTISING: Applicability of stabute to entities other than life insurance industry; prohibition against persons charging less for pre-need funeral services and merchandise than price charqed for at-need services; legality of funeral director advertising pre-need price for limited time only. U.S. Const. Amend. I; T.C.A. S5 39-3-910, 47-18-104, 56-34- 108, 62-5-401 et seq. 84-10( ADVERTISING: Whether a general circulation newspaper which solicits advertisements for the sale of real property in classified section is a broker for statutory pur- poses. U.S. Const. Amend. 1; T.C.A. SS 62-13-101 et seq. 62-13-102(2)(A), (B). 84-03'

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