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1989 Tennessee Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagtn0087 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 May 1989 89-79 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act:House Bill 646/Senate Bill 1181 would not bring the state in complete compliance with the Federal Omnibus Budget Reconciliation Act of 1987, in regards to the regulation of nursing homes. 42 U.S.C. §1396; T.C.A. §4-5-320, §47-14-206, 568-11-207, -208, -801, -802, -803, -804, -805, -811, -820, -826, -901 through -910. 89-79 ADMINISTRATIVE PROCEDURES ACT: Jurisdiction: Sufficiency:House Bill 646/Senate Bill 1181 would not bring the state in complete compliance with the Federal Omnibus Budget Reconciliation Act of 1987, in regards to the regulation of nursing homes. 42 U.S.C. §1396; T.C.A. §4-5-320, §47-14-206, SS68-11-207, -208, -801, -802, -803, -804, -805, -811, -820, -826, -901 through -910. 89-73 ALCOHOL: Alcoholic Beverage Commission: Licenses: Liquor: Permits: Regulations: The Tennessee Legislature may constitutionally prohibit private for-profit recreational clubs which restrict their member on the basis of race, religion, or sex from obtaining a liquor license for consumption on the premises; the Alcoholic Beverage Commission would be responsible for enforcing this restriction on the issuance of liquor licenses for consumption on tho premises to private for-profit recreational clubs. T.C.A. 54-21-101 et z=g., §57-4-102. 89-71 ATTORNEYS: Board of Law Examiners: License: The enactment of House Bill 1375, which would allow those individuals failing a portion of the bar examination to take only the portion failed upon reexamination, would violate Article II, §2 of the Tennessee Constitution insomuch as it would intrude upon the Supreme Court's supervisory power with respect to licensing attorneys. Tenn. Const. Art. II, S1, -§2; 1971 Tenn. Pub. Acts 354, 1972 Tenn. Pub. Acts 789.