Case law

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.

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. (2005)

Oklahoma Attorney General Reports · Oct 10, 2005

A sex offender from another state establishes a residence in Oklahoma and registers with the local law enforcement authority, yet, on a regular basis, stays five or fewer consecutive days in a jurisdiction other than the … The Oklahoma Supreme Court has recognized, "[t]he word `days,' when not qualified, means in ordinary and common usage calendar days." Davis v. Thompson, 721 P.2d 789 , 791-92 (Okla. 1986).

Opinion No.

Oklahoma Attorney General Reports · Jul 19, 2006

The United States Supreme Court has characterized the "core" of IDEA as "the cooperative process that it establishes between parents and schools." Schaffer v. … The court stated: The carefully drawn statutory language does not authorize these specially qualified individuals to render legal services.

Question Submitted by: Secretary Terry Cline, Ph.D., Secretary of Health and Human Services

2017 OK AG 5 · Oklahoma Attorney General Reports · Jun 13, 2017

specific words; (2) the members of the enumeration constitute a class; (3) the class is not exhausted by the enumeration; (4) a general reference supplementing the enumeration, usually following it; and (5) there is not clearly … Public Health and Safety Cite Name Level 63 O.S. 1 -1939, Liability to Residents - Injunctive and Declaratory Relief - Damages - Waiver of Rights - Jury Trial - Retaliation Against Residents - Immunity - Report of Abuse or

Opinion No. 78-300 (1979) Ag

Oklahoma Attorney General Reports · Jan 4, 1979

In connection with this conclusion, it is understood that such handicapped children must, to qualify for funding assistance, meet all other applicable eligibility requirements and criteria under this program. … This question must clearly be answered in the affirmative. 70 O.S. 13 -101 [ 70-13-101 ] (1978) provides, in part: "The several school districts of Oklahoma are hereby authorized to provide special education necessary for

Question Submitted by: The Honorable Jason Nelson, State Representative, District 87

2016 OK AG 4 · Oklahoma Attorney General Reports · May 19, 2016

If a child does not qualify as a child with a disability under the IDEA, he or she may qualify under Section 504 as the definition of disability is broader than that under the IDEA. … While the facility has some flexibility in who it contracts with, see Part III(A)(4), that a contract be in place is clearly required by the laws and regulations applicable to day treatment programs.

Opinion No. 75-244 (1975) Ag

Oklahoma Attorney General Reports · Nov 17, 1975

twenty-five (25) members, also with the Governor as an ex officio member, as now constituted, are hereby declared to be agents of the State of Oklahoma, and to hold as such directors until their successors are elected and qualified … each of these branches of government shall be vested in a separate body of public servants, and that the perfection of the system requires that the lines which separate and divide these departments shall be broadly and clearly

Opinion No. (1990)

Oklahoma Attorney General Reports · Sep 4, 1990

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 … of a statute providing that an officer appointed to fill a vacancy shall hold his office until the end of the term for which the officer whom he succeeded was elected or appointed, and until his successor is elected and qualified

Opinion No. (1991)

Oklahoma Attorney General Reports · Mar 1, 1991

Although the Tenth Circuit eventually held in that case that the sheriff was immune from liability because he believed he had jurisdiction on the area, and at the time of arrest "the law regarding the jurisdiction of local … police officers on Indian Tribal Trust land in Oklahoma was not clearly established," the Court left open the subject of the county's possible liability.

Question Submitted by: The Honorable Richard Morrissette, State Representative, District 92

2015 OK AG 10 · Oklahoma Attorney General Reports · Oct 29, 2015

The Legislature made its purpose clear in establishing the Oklahoma Guardianship and Conservatorship Act, emphasizing maximum self-reliance and independence of the ward. ¶3 The Legislature stated its purpose for establishing … Where the "language is plain and clearly expresses the legislative will, further inquiry is unnecessary." Cattlemen's Steakhouse, Inc. v. Waldenville , 2013 OK 95, ¶ 14 , 318 P.3d 1105, 1110 . B.

Opinion No. (2009)

Oklahoma Attorney General Reports · Oct 7, 2009

In answering your question we are guided by well-established court precedent. The goal of any statutory construction is to "ascertain and give effect to legislative intent." See J.L.M. v. … However, "where there are two statutory provisions, one of which is special and clearly includes the matter in controversy, and prescribes different rules and procedures from those in a general statute, the special statute

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 28, 1996

City of Long Beach, supra, and the "majority rule" and stating: Clearly, an employee has an expectation of receiving a pension and makes many of life's decisions based on the security of receiving a pension. … by the less restrictive factors listed in the "Oklahoma rule," Section 923(A) of the OPERS statutes prohibits any form of retroactive modification by the Legislature as to the existing service-related rights of current qualified

Question Submitted by: The Honorable Marty Quinn, State Representative, District 9

2014 OK AG 3 · Oklahoma Attorney General Reports · Feb 19, 2014

To qualify for the armed private investigator license, an applicant must meet age, citizenship, moral character, and criminal background standards, while also successfully completing "Phase I, III and IV training," a "psychological … Howard , 276 P.3d 1031, 1035 (Okla. 2012) ("If the [statutory] language is plain and clearly expresses the legislative will, further inquiry is unnecessary.").

Opinion No. (2003)

Oklahoma Attorney General Reports · Sep 15, 2003

. ¶ 4 The Legislature established a date, known as the "normal retirement date" by which members may retire, and during the remainder of the member's lifetime, receive annual retirement pay. 2003 Okla. Sess. … Supp. 2002, § 2-305[ 47-2-305 ] (A)). ¶ 5 By the plain language of Section 2-302(A) of Title 47, it is apparent that the Legislature intended mandatory membership in OLERS for all those who qualify as members.

Opinion No. (1979)

Oklahoma Attorney General Reports · Dec 31, 1979

Colorado, by its admission into the union by Congress, upon an equal footing with the original states in all respects whatever without any such exception as had been made in the treaty with the Ute Indians and in the Act establishing … The reporting obligation and other duties imposed under 47 O.S. 10 -101, et seq. (1971), as amended, are clearly related to the privilege of holding a license or permit to operate a motor vehicle within this state.

Opinion No. 79-216 (1979) Ag

Oklahoma Attorney General Reports · Dec 31, 1979

Colorado, by its admission into the union by Congress, upon an equal footing with the original states in all respects whatever without any such exception as had been made in the treaty with the Ute Indians and in the Act establishing … The reporting obligation and other duties imposed under 47 O.S. 10 -101 [ 47-10-101 ], et seq. (1971), as amended, are clearly related to the privilege of holding a license or permit to operate a motor vehicle within this

Question Submitted by: The Honorable Ryan Martinez, Oklahoma House of Representatives, District 39

2023 OK AG 4 · Oklahoma Attorney General Reports · Apr 13, 2023

Code § 260:115-5-19(b). 8 OMES has promulgated administrative rules to establish an audit team that conducts audits of agency acquisitions and promulgated administrative rules to govern the audits. Okla. Admin. … Poor Persons Cite Name Level 56 O.S. 4001.2, State Treasurer to Facilitate Access to a Qualified ABLE Program - Duties Upon Selection of Options Cited Title 57.

Opinion No. (1993)

Oklahoma Attorney General Reports · May 21, 1993

For example, using such an analysis, clearly prohibitory criminal laws such as those against drug possession would be viewed as civil/regulatory, if a state permitted doctors to prescribe narcotics. ¶ 29 The Lac du Flambeau … Congress can compel the States to negotiate a compact or be subject to the District Court's jurisdiction or its imposed "compacting" or "mediation" without violating the states' 10th Amendment rights and 11th Amendment immunities

Question Submitted by: Director Stan Florence, Oklahoma State Bureau of Investigation

2016 OK AG 8 · Oklahoma Attorney General Reports · Oct 19, 2016

DNA samples shall be collected by the arresting authority as qualified pursuant to subsection B of this section. … State Government Cite Name Level 74 O.S. 150 .27a, Establishment of OSBI DNA Offender Database Discussed at Length