Case law

Opinion No. 68-273 (1968) Ag

Oklahoma Attorney General Reports · Jul 18, 1968

It was the contention of the petitioners that, under the terms of the pertinent statute, such courts could only be established in cities of population of more than 25,000 and less than 100,000 and that clearly Oklahoma City … The defendant thereafter duly qualified for the office and entered upon the performance of his duties.

Opinion No. (1985)

Oklahoma Attorney General Reports · Mar 18, 1985

Clearly, therefore, the first two prohibitions are inapplicable. … Title 68 O.S. 102 — 68 O.S. 112 (1981), as amended, establish the Oklahoma Tax Commission.

Opinion No. (1998)

Oklahoma Attorney General Reports · Aug 17, 1998

ANALYSIS ¶ 14 As noted at the outset of this Opinion, statutory provisions are presumed to be constitutional and are upheld unless they are "clearly unconstitutional". … By its own terms therefore, the statutory provision does not apply to an establishment that is not licensed by ABLE.

Opinion No. 78-220 (1978) Ag

Oklahoma Attorney General Reports · Jul 31, 1978

A reading of the entire Act clearly reveals that the Legislature intended that it be highly restrictive, facilitating the greatest possible control and policing of conduct of bingo games. … Permission for qualifying organizations to conduct bingo games does not imply an authorization to hire oneself out in such capacity.

Opinion No. 76-314 (1976) Ag

Oklahoma Attorney General Reports · Dec 6, 1976

(2) If the subject vehicle has been used as a demonstrator and the individual purchaser is required to pay the excise tax, does the vehicle qualify for "used car" excise tax rates as opposed to "new car" excise tax rates … Section 2104 establishes the referred to value of vehicles. 68 O.S. 2104 [ 68-2104 ] provides in pertinent part: "On and after October 1, 1961, the value of any new motor vehicle, except house trailers, for the purposes of

Question Submitted by: The Honorable John Haste, Oklahoma State Senate, District 36

2024 OK AG 4 · Oklahoma Attorney General Reports · Feb 28, 2024

Do the changes enacted in HB2263 qualify as the Legislature exercising unconstitutional coercive influence over the Turnpike Authority? I. … In light of Transportation I , the Legislature established the Council, and the duties and powers of the LBOC devolved upon the newly created Council.

Opinion No. 79-319 (1980) Ag

Oklahoma Attorney General Reports · Mar 10, 1980

The Oklahoma Constitution, Article XVIII , Section 5(a) and Article XVIII, Section 5(b) limited the powers of municipalities to grant franchises by expressly requiring approval of a majority of qualified electors residing … While the Oklahoma Constitution, Article X , Section 12 , clearly establishes the power and authority in the Oklahoma Legislature to provide for the levy and collection of license, franchise, gross revenue, excise, income

Opinion No. (1999)

Oklahoma Attorney General Reports · Jul 23, 1999

Exercise the right of eminent domain for any municipal purpose, within or without its corporate limits, and to establish, lay, and operate any plant or pipeline upon any land or right-of-way taken pursuant to eminent domain … Legislative acts are presumed constitutional and will be upheld unless "clearly, palpably and plainly inconsistent with the Constitution." Kimery v. Public Service Co. of Oklahoma, 622 P.2d 1066 , 1069 (Okla. 1980).

Opinion No. (1990)

Oklahoma Attorney General Reports · Mar 13, 1990

WHILE THE BOARD UNDER ARTICLE II, SECTION 7 OF THE SOCIETY'S BY-LAWS, IS CLEARLY REQUIRED TO HAVE AN ORGANIZATIONAL MEETING FOLLOWING ITS ANNUAL MEETING, THE REQUIREMENT THAT THE ORGANIZATION MEETING BE HELD IN THE BOARD … WHEN ANY OFFICE SHALL BECOME VACANT, HE SHALL, UNLESS OTHERWISE PROVIDED BY LAW, APPOINT A PERSON TO FILL SUCH VACANCY, WHO SHALL CONTINUE IN OFFICE UNTIL A SUCCESSOR SHALL HAVE BEEN DULY ELECTED OR APPOINTED, AND QUALIFIED

Opinion No. (1999)

Oklahoma Attorney General Reports · Jun 15, 1999

Specifically, Article XVIII, § 5(a) provides: No municipal corporation shall ever grant, extend, or renew a franchise, without the approval of a majority of the qualified electors residing within its corporate limits, who … Thus, no right or privilege passes through the grant of a franchise by a municipality unless it is clearly stated or necessarily implied. Blair v.

Opinion No. 76-151 (1976) Ag

Oklahoma Attorney General Reports · Mar 25, 1976

(pg. 401) Clearly, the intent of Section 601 is to impose a positive duty on the Board of County Commissioners to maintain those roads which best serve the most people of the county. … Null, 51 Okl. 602 , 152 P. 92 (1915); which involved the issue of whether public officers were immune from liability for damages arising from repairing a highway, a duty imposed upon them by law. In Mott v.

Opinion No. 76-174 (1976) Ag

Oklahoma Attorney General Reports · Aug 5, 1976

The federal administrative regulations implementing the federal law are set forth in 45 CFR, part 177, and provide the terms and conditions under which such state guaranteed loan programs qualify for the federal benefits … It clearly appears from the agreement that so long as lenders participate in the Student Loan Program, they have the obligation to make a reasonable collection effort and the State Regents have the obligation to guarantee

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 20, 1996

Opin. 76-222. ¶ 11 Thus, it has been firmly established by this office that the provisions contained within Section 150.8(F) authorize a former municipal police officer who has been hired by the OSBI, the opportunity to remain … Okla. 1985). ¶ 15 While it is true that membership in OLERS by eligible employees can be viewed as mandatory under 47 O.S.Supp. 1995, § 2-300[ 47-2-300 ] (6), it is also true that through Section 150.8(F), the Legislature clearly

Opinion No. 68-306 (1968) Ag

Oklahoma Attorney General Reports · Nov 21, 1968

68-2481.7 ] [ 68-2481.7 ]): "Any assessor who deems it necessary to enable him to complete the listing and the valuation of the property of his county within the time prescribed by law, (I) may appoint one or more well-qualified … It is where the special law clearly includes the subject matter and prescribes different rules of procedure that it controls over a general law. Reubin v. Thompson, Okl., 406 P.2d 263 (1965).

Opinion No. 07-27 (2007)

Oklahoma Attorney General Reports · Sep 13, 2007

Having established the requirements for participation in the System, we must next determine under what circumstances an eligible participant receives credited service in the System. … There was no other training to become a permanent police officer which would qualify such person for participation in the System. See id. 4.

Opinion No. (2007)

Oklahoma Attorney General Reports · Sep 13, 2007

. ¶ 4 Having established the requirements for participation in the System, we must next determine under what circumstances an eligible participant receives credited service in the System. … There was no other training to become a permanent police officer which would qualify such person for participation in the System. See id. 4.

Opinion No. (1989)

Oklahoma Attorney General Reports · Jun 8, 1989

That is to say, it is mathematically impossible to qualify for retirement benefits under the second subparagraph without having previously qualified for them under the third subparagraph's "rule of eighty." … We think that the emphasized language in 19 O.S. 956 , supra, is such a provision and clearly applies. Only when an employee's service with the county "shall have ceased" is he eligible for retirement benefits.

Opinion No. 76-303 (1976) Ag

Oklahoma Attorney General Reports · Nov 5, 1976

The above-quoted section defines with certain exceptions not quoted, those employees which will qualify to be a member of the Retirement System. … Such percentage is to be determined by establishing the percent of that total figure actually received.

Opinion No. (2009)

Oklahoma Attorney General Reports · Dec 18, 2009

from certain local taxes or fees may be used to finance project costs in areas qualified under the Local Development Act." … Thus, the authority to apportion local sales taxes, other local taxes and local fees is clearly found in Article X, Section 6C of the Constitution and provisions of the Local Development Act.

Opinion No. 72-211 (1972) Ag

Oklahoma Attorney General Reports · Nov 22, 1972

A provision of the Idaho Probate Code gave a mandatory preference for appointment as administrator of a decedent's estate to a male applicant over a female applicant, otherwise equally qualified. … If both a male and female sought appointment, though both were equally entitled and qualified, the appointment had to be decided on the basis of sex.