Opinion

State Ex Rel. Turpen v. Oklahoma State Board for Property & Casualty Rates

  • 731 P.2d 394
Court
Supreme Court of Oklahoma
Filed
Aug 12, 1986
Status
Published
Author
Wilson
On the bench
Opala, Simms, Doolin, Hodges, Hargrave, Summers, Lavender, Wilson, Kauger
Cited by
19 cases
Authority
More cited than 7.0%

the reviewing court is bound to accept an interpretation that avoids constitutional doubt

How later courts described this case

  • the reviewing court is bound to accept an interpretation that avoids constitutional doubt

Written by the judges who cited it.

The opinion

ALMA WILSON, Justice

(concurring specially):

I fully concur with the disposition effected and the analysis supporting such disposition as set forth in the majority opinion; and consistent with the majority opinion, on remand, the Oklahoma State Board For Property And Casualty Rates should request production or require the National Council On Compensation Insurance to show cause why the Attorney General’s request of September 10, 1985 for data production should not be complied with. Findings and conclusions based on this data would appropriately implement 75 O.S. 1981 , § 312 of the Administrative Procedures Act, which is in no way irreconcilable with 36 O.S.1981 § 345(B) as delineated by the majority opinion. Legislative acts are to be construed in such manner as to reconcile different provisions and render them consistent and harmonious and give intelligent effect to each. Eason Oil Company v. Corporation Commission, 535 P.2d 283 (Okl.1975). Unless a conflict between prior and subsequent enactments is irreconcilable, the earlier provision will not be repealed by the later enactment, and nothing short of irreconcilable conflict between statutes accomplishes a repeal by implication. City of Sand Springs v. Department of Public Welfare, 608 P.2d 1139 (Okl.1980).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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