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1987 Tennessee Attorney General Reports and Opinions 1 (1987)

handle is hein.sag/sagtn0059 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 January 1987 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act: the event of cancellation of licensee's surety bond required by T.C.A. S 62-19-116, the Tennessee Auctioneer Commission would be required to conduct proceedings for revo- cation, suspension, or withdrawal of license; upon suspension of license by Commission due to can- cellation of bond, licensee would not be permitted to engage in business during this suspension; licensee would be entitled to notice and a hearing to 'consider the sole question of whether the bond had been cancelled. T.C.A. S5 4-5-101, et seq., 4-5-320, 57-4-302, 62-19-112, -116. 87-10 ALCOHOL: Beer: Licenses: City of Memphis has authority to regulate or outlaw nudity or lewd and obscene beha- vior in commercial establishments licensed to sell beer. U.S. Const. amends. 1 and 21; T.C.A. S5 57-4-204, 57-5-108. 87-20 ALCOHOLISM: Disease Dependency: Treatment: Shelby County Government is not required by T.C.A. S 56-7-1009 to offer and make available under its self-insured health plan, benefits for the necessary care and treatment of alcoholism and other drug dependencies to its employees. 29 U.S.C. SS 1001, et seg., -1002, -1003, -1144; T.C.A. 5 56-7-1009. 87-13 ATTORNEY GENERAL AND REPORTER: Failure of quorum to appear for first day of organizational meeting would make the Senate unable to do business; number for quorum may be raised by statute or rule; a quorum must be present at all times that business is being transac- ted; there are no statutes which permit the Speaker to compel attendance for organizational session; until rules are adopted, the Speaker has no power to compel attendance, however, non-attendance under certain circumstances would be a criminal offense; the Senate must be in order for the determination of the gubernatorial election returns by the General Assembly before the Governor may be inaugurated; it is proper for Attorney General to act as parliamentarian or offer parliamentary advice to the Speaker during Session but if posi- tion of parlimentarian is established it should be filled by an employee of the legislative branch. Tenn. Const., art. II SS 6, 8, 11, 12 and 23, Tenn. Const., art, III 5 2; T.C.A. SS 2-2-102, 8-6-109, 39-5-434, 40-20-112. 87-01