Case law

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.

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Aug 5, 1991

(EMPHASIS ADDED) THE HIGHLIGHTED LANGUAGE CLEARLY DEMONSTRATES THAT CONTRIBUTING MEMBERS OF OPERS RECEIVE SERVICE CREDIT FOR SICK LEAVE IF THEY TERMINATE EMPLOYMENT AND ELECT A VESTED BENEFIT, AS WELL AS IF THEY RETIRE FROM … BUT GUIDANCE IS FOUND IN 74 O.S. 901 (1981), WHICH STATES THE PURPOSE OF OPERS AS FOLLOWS: THE PURPOSE OF THIS ACT IS TO PROVIDE AN ORDERLY MEANS WHEREBY EMPLOYEES OF THE PARTICIPATING EMPLOYER WHO QUALIFY BY REASON OF AGE

Opinion No. (2002)

Oklahoma Attorney General Reports · Dec 17, 2002

for social security, while it does not do so for those who do not qualify." … one [1] year or more, prior to the established date of this disability claim.

Opinion No. 90-Xxx (1990)

Oklahoma Attorney General Reports · Mar 26, 1990

(CITATION OMITTED) THE SALES SLIPS DO, HOWEVER, QUALIFY AS "ITEMS". AN ITEM IS "ANY INSTRUMENT FOR THE PAYMENT OF MONEY EVEN THOUGH IT IS NOT NEGOTIABLE BUT DOES NOT INCLUDE MONEY". (CITATION OMITTED). … THIS SECTION OF LAW ALSO ESTABLISHES THE DUTY OF MOST STATE AGENCIES, OFFICERS AND EMPLOYEES TO MAKE DEPOSITS INTO THESE AGENCY CLEARING ACCOUNTS AND AGENCY SPECIAL ACCOUNTS SUBPART B OF SECTION 7.1 PROVIDES IN PERTINENT

Opinion No. (2000)

Oklahoma Attorney General Reports · Jul 25, 2000

The United States Constitution prohibits governmental taking of property without due process of law: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States … Invalidating the amendments, the Court of Appeals concluded that the homeowner association's attempt to amend the restrictive covenants within the ten-year period, and without the unanimous consent of the homeowners, clearly

Opinion No. (1980) Ag

Oklahoma Attorney General Reports · Jan 18, 1980

The board of education of each school district, wherein school is expected to be conducted for the ensuing year, shall employ and contract in writing with qualified teachers for and in the name of the district. … As previously noted, this would include the minimum salary schedule for a teacher of the same experience, grade and academic rank as established by law.

Opinion No. (1988)

Oklahoma Attorney General Reports · Nov 28, 1988

as used in Article VI, Section 7, and found that it is used in the same sense as in Article V, Section 57 of the Constitution, which requires that every act of the Legislature shall embrace but one subject which shall be clearly … As noted above, 68 O.S. 2357 .7 sets forth the conditions under which a tax credit may be allowed "for investments in qualified venture capital companies whose purpose is to establish or expand the development of business

Opinion No. (1976) Ag

Oklahoma Attorney General Reports · Nov 16, 1976

chief deputy or assistant shall carry on the duties of the office during the absence of the principal officer or, in the event of the death, removal or resignation of said principal officer, until a successor shall have qualified … The 1976 Legislature struck the words "as the principal officer may propose and establish the need of and the county commissioners will approve" out of 19 O.S. 180 .65 [ 19-180.65 ](a).

Opinion No. (1999)

Oklahoma Attorney General Reports · Jul 19, 1999

Legislative intent can be established by consideration of statutory language. … This action does not qualify an insurer as a health care provider under the above-noted definition.

Opinion No. (2001)

Oklahoma Attorney General Reports · Jul 16, 2001

State Election Bd., 357 P.2d 421 , 424 (Okla. 1960), which stated: By enacting [the analogous statute in effect at that time, which has been recodified], the Legislature, in our opinion, clearly indicated that it intended … The answer is yes. ¶ 9 Decades ago the Supreme Court established the rule "that a party having a due and proper certificate of election to an office is prima facie entitled to qualify and assume the duties of such office.

Opinion No. (1999)

Oklahoma Attorney General Reports · Jan 13, 1999

The first reads: The Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities within this State. Okla. Const. art. … The judiciary can interfere with legislative action only when it clearly appears that a given act contravenes the basic law of the State and for that reason is unconstitutional and void.

Opinion No. (1989)

Oklahoma Attorney General Reports · Jul 26, 1989

The Board does not function as an adversary of the prisoner, and it has an interest in releasing those who qualify for parole. Fronczak, 431 F. Supp. at 987 , citing Menechino v. … Specifically the Court stated: A parole system which provides for the "possibility of release" does not create a constitutionally protected liberty interest. 608 P.2d at 1134 . ¶ 20 Clearly, without a liberty and/or property

Opinion No. (1997)

Oklahoma Attorney General Reports · Jan 14, 1998

In order for states to qualify for assistance in any fiscal year, a state "shall demonstrate to the Secretary that the . . . … However, the Act states clearly that the request for due process review is to be made to only one party, which may be designated by the state board of education.

Question Submitted by: The Honorable Wade Roussellot, State Representative, District 12

2014 OK AG 5 · Oklahoma Attorney General Reports · Apr 11, 2014

¶9 By enacting the Governmental Tort Claims Act ("Tort Claims Act"), see 51 O.S.2011 & Supp.2013, §§ 151 - 172, the Legislature statutorily established the doctrine of sovereign immunity in Oklahoma in favor of the State … Oklahoma Supreme Court has similarly narrowly construed the exemption found in Section 155(6) to also reflect the planning-operational approach: Exemptions 4, 5, and 6, when read together with this Court's explanations, define clearly

Opinion No. 92-542 (1992)

Oklahoma Attorney General Reports · Oct 20, 1992

X, 14 AND 15, OPINED: "UNDER THESE CONSTITUTIONAL PROVISIONS, THE WELL ESTABLISHED RULE IN OKLAHOMA HAS BEEN THAT PUBLIC FUNDS CANNOT BE USED TO ASSIST INDIVIDUALS, PRIVATE ORGANIZATIONS OR ASSOCIATIONS IN THEIR FUNCTIONS … INCREASED BENEFITS FOR PUBLIC EMPLOYEES WOULD APPEAR TO HELP TO RETAIN QUALIFIED PUBLIC EMPLOYEES, THEREBY BENEFITTING THE PUBLIC AS A WHOLE.

Opinion No. 80-224 (1980) Ag

Oklahoma Attorney General Reports · Oct 22, 1980

When these teachers enter into new contracts they will already have qualified under the previously enacted minimum salary schedule as a teacher with another year's experience. … However, Section 1 clearly states that no funds appropriated for salary increases shall be used to fund local increments.

Opinion No. 78-293 (1978) Ag

Oklahoma Attorney General Reports · Dec 11, 1978

is regularly assigned to the class; provided that school districts which, at the beginning of the school year, do not have sufficient classrooms to meet the twenty-five-student-teacher ratio, as determined by guidelines established … The penalty exceptions of subsections E and F have been heretofore noted and would be applicable to grades one through six if the particular grades or classes qualify thereunder.

Opinion No. 78-167 (1978) Ag

Oklahoma Attorney General Reports · Jul 31, 1978

The applicable provisions of the Code establishing eligibility for license are contained in 59 O.S. 858 -302 [ 59-858-302 ] (1977), and 59 O.S. 858 -303 [ 59-858-303 ] (1977). … The foregoing statutes clearly set forth the mandatory duty of the Oklahoma Real Estate Commission to issue licenses to any applicant who shall meet the qualifications as stated therein.

Opinion No. 69-310 (1969) Ag

Oklahoma Attorney General Reports · Nov 26, 1969

This is especially proper in Oklahoma because our constitution requires that the purpose of an act be clearly expressed in its title." … that the amendment to Section 19 O.S. 866 .2 [ 19-866.2 ] only granted additional powers to those counties (1) which are qualified to avail themselves of the provisions of the Metropolitan Area Planning Commission Act (See

Opinion No. (1988)

Oklahoma Attorney General Reports · Nov 7, 1988

The Authority, in this regard, is required to clearly indicate on the face of whatever documentation it issues evidencing the transfer of credits both the face amount of the credits thereby transferred and the taxable year … That section provides that the Board shall establish criteria for the selection of persons, firms or corporations deemed qualified to generate capital for investment in the State in ways intended to diversify and stabilize