Call for AG Opinion on ABOR Authority

Call for AG Opinion on ABOR Authority

The Arizona Board of Regents has been in the news a lot lately, and so it will be for many months to come.

In the course of conducting due diligence regarding the authority of ABOR and the Legislature I asked the Arizona Attorney General to provide a written, informal opinion paper on what authority each body has, and where it comes from.  The request was made this past September as part of a larger effort to examine the restructuring of ABOR.

Yesterday’s press release…

Representative Mark Finchem Requests AG Opinion on ABOR’s Scope of Authority
STATE CAPITOL, PHOENIX – Representative Mark Finchem (R-11) has sought an informal written opinion from Arizona Attorney General Mark Brnovich determining the scope of authority for the Arizona Board of Regents (ABOR), as well as the Legislature’s authority in defining ABOR’s powers.
“I believe that ABOR has greatly overstepped its authority on several issues recently and hope that this forthcoming AG opinion will clarify what duties the Arizona Constitution has empowered ABOR with and what duties rest with the Legislature,” said Representative Finchem.
In September, Representatives Finchem and Vince Leach (R-11) asked the Attorney General for an informal opinion answering two central questions: (1) “what are the limits, if any, on the legislature’s authority to [further] define in statute the powers and duties of the Arizona Board of Regents?” and (2) “what is the extent of the liability – personal, several, or otherwise – that the Arizona Board of Regents or its members would be subject to for actions of the Board that violate enforceable state or federal laws?”
The story that resulted in the Tucson newspaper is fairly accurate.  More will come when the opinion is released.

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