Case law

Opinion No. (2006)

Oklahoma Attorney General Reports · Dec 20, 2006

The current CSSP "is a continuation of the program established in 1988 by Section 991a-4 of Title 22," which is now repealed. 1 Id. § 991a-4.1(A). … Additionally, the language dealing with the reimbursement of emergency medical care expenses does not limit, qualify or exclude other medical care expenses from reimbursement as "necessary expenses."

Opinion No. 74-143 (1975) Ag

Oklahoma Attorney General Reports · Apr 21, 1975

Article XIIIA, Section 1 of the Oklahoma Constitution goes on to qualify the specific term "institute of higher education" by the phrase " supported wholly or in part by direct legislative appropriation." … The purpose, intent and objective of Article XIII-A of the Oklahoma Constitution clearly appears to be the establishment of a state system of higher education composed of institutions of collegiate or more advanced grade,

Opinion No. (2008)

Oklahoma Attorney General Reports · Nov 3, 2008

No other *Page 4 counties shall establish juvenile bureaus. C. … The director shall be a person over the age of thirty (30) years, of good character, qualified in social work, and familiar with the problems of juvenile delinquency and dependency.

Opinion No. (1979)

Oklahoma Attorney General Reports · Jul 31, 1979

When the public trust leases governmentally owned property, the unitary ownership fragments, leaving only the reversion to qualify for the ad valorem tax exemption. … In construing Section 19.6 and 26 of the Revenue Act of 1939, the Court noted that the legislative intent, as well as earlier Illinois case law, clearly mandated the practice of taxing private leasehold interests in tax-exempt

Opinion No.

Oklahoma Attorney General Reports · Oct 17, 2006

For convenience the highlights of these four acts are set forth below: Name of Act Highlights of Act Hydration and Nutrition for Incompetent Establishes a presumption that every incompetent Patients Act patient has directed … Requirements for Appointment of A Health Care Proxy Although the Advance Directive Act does not clearly set forth the requirements for appointment of a health care proxy in an advance directive, the requirements can be ascertained

Opinion No. 76-354 (1976) Ag

Oklahoma Attorney General Reports · Oct 18, 1976

Of course, the Chairman would have authority to establish several meeting dates subject, however, to the will of the majority of the members of the Board. … The term "change", in the absence of any qualifying language, would encompass a decrease in compensation, as well as an increase.

Opinion No. (2007)

Oklahoma Attorney General Reports · Nov 30, 2007

Obviously, the service contracts establish rights and duties of both GRDA and the customer. A written contract is "presumptive evidence of a consideration." 15 O.S. 2001 , § 114[ 15-114 ]. … "A qualified acceptance [amounts to] a new proposal" for contract. 15 O.S. 2001 , § 71[ 15-71 ]; see also Young v. Roller , 201 P.2d 793 , 796 (Okla. 1948).

Question Submitted by: Lyle R. Kelsey, Executive Director, Oklahoma Board of Medical Licensure & Supervision

2024 OK AG 3 · Oklahoma Attorney General Reports · Feb 22, 2024

That section grants physician assistants a general authority to "prescribe drugs, including controlled medications in Schedules II through V[,]" but expressly qualifies in the next subsection that "[a] physician assistant … As the Oklahoma Supreme Court has made clear: "[w]here a matter is addressed by two statutes--one specific and the other general--the specific statute, which clearly includes the matter in controversy and prescribes a different

Question Submitted by: The Honorable Bobby Cleveland, State Representative, District 20

2015 OK AG 9 · Oklahoma Attorney General Reports · Oct 6, 2015

As such, the Court found the district's policy violative of the Establishment Clause. … The Court held that "[t]he church group in Lamb's Chapel would have been qualified as a social or civic organization, save for its religious purpose."

Question Submitted by: Brenda Hoefar, Interim Director, Office of Disability Concerns

2023 OK AG 14 · Oklahoma Attorney General Reports · Dec 1, 2023

There are a few provisions of the Act in which it is clearly outlined that the CLO is exempt from those provisions. … This "demonstrates that the Legislature clearly intended the [CLO] to remain subject to the Central Purchasing Act." 1988 OK AG 61 , ¶ 10.

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 4, 1996

Rules of the Commission have the force and effect of law. 75 O.S. 1991 , § 308.2[ 75-308.2 ] (C). ¶ 12 Clearly, the language of OAC 165:35-19-10 (q) prohibits a REC from commingling membership fees with its customer deposits … Co-op. 1992 Supp. 1995), for the purpose of promoting electric service in rural areas by authorizing loans for various purposes to rural residents who qualify under the Act.

Question Submitted by: The Honorable Justin Wood, State Representative, District 26

2016 OK AG 2 · Oklahoma Attorney General Reports · Feb 18, 2016

Blankenship rewrote the gist for the yellow ballot, clarifying that the constitutional amendment "establish[ed] [sic] Judicial Nominating Commission, selection of members, and fixing members' qualifications, tenure, powers … Those provisions clearly and expressly grant to the Commission three distinct powers. A.

Question Submitted by: Senator Mary B. Boren, Oklahoma State Senate, District 16

2024 OK AG 5 · Oklahoma Attorney General Reports · Feb 28, 2024

Executive Director of the ODOT ¶8 The position of Executive Director of ODOT clearly meets each element of the foregoing Century Indemnity test. First, the position, is expressly established by ODOT's enabling statutes. … OAC 731:10-1-5(7). ¶18 The position of Executive Director of OTA is thus clearly established by law and provides definite duties. Therefore, the first two elements of the Century Indemnity test are met.

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 30, 1995

participants receive a set amount of play money or chips to be used in playing the various games at casino night; (c) Additional play money or chips may be purchased at extra cost; (d) Usually, a time period during the evening is established … charity games," the charity games authorized under that Act only include bingo games, U-PIK-EM bingo games, and breakopen ticket games. 3A O.S.Supp. 1994, § 402[ 3A-402 ] (6). ¶ 7 The "casino night" games you refer to are clearly

Opinion No. (1992)

Oklahoma Attorney General Reports · Jul 14, 1992

It also authorizes the trustees to establish an investment committee to advise the trustees concerning the selection of investment managers and to make recommendations concerning investment guidelines and policy. Id. … The Duty of Care, Skill, Prudence and Diligence. ¶ 18 The general rule has long been that public officials are accorded immunity from suit so long as they are acting in good faith and not willfully or maliciously.

Question Submitted by: Lyle R. Kelsey, Executive Director, Oklahoma Board of Medical Licensure & Supervision

2024 OK AG 3 · Oklahoma Attorney General Reports · Feb 22, 2024

That section grants physician assistants a general authority to "prescribe drugs, including controlled medications in Schedules II through V[,]" but expressly qualifies in the next subsection that "[a] physician assistant … As the Oklahoma Supreme Court has made clear: "[w]here a matter is addressed by two statutes--one specific and the other general--the specific statute, which clearly includes the matter in controversy and prescribes a different

Opinion No. (2007)

Oklahoma Attorney General Reports · Aug 22, 2007

Establish new forms of accountability for schools; and 7. … Further, status as a charter school does not qualify as a suspect or quasi-suspect class. See City of Cleburne v.

Opinion No. (2004)

Oklahoma Attorney General Reports · Dec 15, 2004

Where a provision is not self-executing the Legislature may act to implement the Constitution, and may qualify, construe or extend its provisions. See Indep. Sch. Dist. No. 9 v. Glass, 639 P.2d 1233 , 1238 (Okla. 1982). … But a member of the Board clearly exercises considerable control over DEQ's financial activities by virtue of oversight of the DEQ budget request to the Governor, by establishing DEQ policies (and programs) through rulemaking

Opinion No. (2001)

Oklahoma Attorney General Reports · Nov 8, 2001

"This is a very fine provision of the law, and affords an opportunity to petitioner and all others who are confined in the penal institutions of this state to present their cases to an eminently qualified board for proper … Adoption Of Minimum Mandatory Confinement Period Prior To Parole Consideration ¶ 6 As originally adopted, the constitutional amendment establishing the Pardon and Parole Board did not authorize the Legislature to establish

Opinion No. (2005)

Oklahoma Attorney General Reports · Mar 31, 2005

Additionally, the use of "two thousand-foot radius" clearly establishes the prohibited zone. … A man may be forbidden to practice medicine because he has been convicted of a felony, or because he is no longer qualified[.]