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1985 Tennessee Attorney General Reports and Opinions 1 (1985)

handle is hein.sag/sagtn0039 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSBE Published by Authority of Chapter 276, Public Acts of 1971 April 1985 ADMINISTRATIVE BOARDS AND AGENCIES: Judicial Review: Powers: Jurisdiction of the Board of Reclamation Review to hear appeals from determinations of the Commissioner of Health and Environment on the suitability of lands for surface coal miningv sta- tus of Commissioner's determinations if Board lacks jurisdiction. 30 U.S.C. 55 1201 et a., -1272; 30 C.F.R. 762, 764; T.C.A. SS 1-3-101, 59-8-201 et seq., -227, 59-8-301 et seg., -356, 59-8-553; P.A. 1984, Ch. 837. 85-095 AGE: Validity of legislation providing for early retirement bonus plan for workers sixty years of age or olders applicability of the Federal Age Discrimination in Employment Act, to the early retirement plan. U.S. Const. Amend. XIV; 29 U.S.C. 55 621 et seg., 623; Tenn. Const. Art. I, S 8; H.B. 796/S.B. 845. 05-129 ALCOHOL: Alcoholic Beverage Commission: Beer: By-The-Drink: Licenses: Permits: Regulations: Existence of conflict between proposed Memphis ordinance, regu- lating sales of beer, and Alcoholic Beverage Com- mission regulations. T.C.A. 55 57-4-101, 57-4-201, 57-5-101 et seq., 57-5-301; A.B.C. Reg. 0100-1-.03(9). 85-127 ALCOHOL: By-The-Drink: Licenses: Authority of a surety on a liquor tax bond to contest the assessment after paying balance under protest* when the disputed tax assessment arises out of the same license for sale of alcohol for on-premises consumption. % T.C.A. S 67-1-901; P.A. 1985, Ch. 105, 5 2. 85-134 ALCOHOL: Alcoholic Beverage Commission: Beer: By-The-Drink: Liquor: Regulations: Wine: State regulation of liquor-by-the drink sales as preempting counties, municipalities and metropolitan forms of government from adopting local ordinances regulating pricing and hours of operation. T.C.A. SS 57-1-201, -203, -209, 57-4-102, -103, 57-4-201, -203, 57-5-301. 85-096