Case law

Opinions from 1658 to today.

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  • Opinion No. (1985)

    Oklahoma Attorney General Reports · Oct 18, 1985

    Clearly the Legislature intended that newspapers, to qualify under this statute, shall be required to maintain a paid general subscription circulation in the county. … However, the Legislature did not establish a minimum percentage or number of paid general subscription circulation to qualify under 25 O.S. 106 (1984). We think that the language in a Washington case may be helpful.

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  • Opinion No. (1987) Ag

    Oklahoma Attorney General Reports · Jan 27, 1987

    SUCCESSORS ARE ELECTED AND QUALIFIED. … THE STATUTE CLEARLY PROVIDES THAT THE BOARD OF DIRECTORS MAY ONLY CONSIST OF NINE MEMBERS, AND THAT THERE MUST BE NINE MEMBERS.

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  • Opinion No. (2009)

    Oklahoma Attorney General Reports · Aug 19, 2009

    individual or organizations 4 [sic], thereby establishing fair *Page 5 market price, which establishment shall be subject to ratification by the Committee at the next regular Committee meeting. … The requirement that the fair market price be determined prior to the time of procurement or contract award, is clearly set forth in the statutes.

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  • Opinion No. 71-289 (1971) Ag

    Oklahoma Attorney General Reports · Jul 15, 1971

    (Emphasis added) A plain reading of the above language, and a strict interpretation of the same, clearly indicates that the qualified voters residing in the area of the authority shall vote upon the approval, prohibition, … No authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein."

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  • Opinion No. 71-151 (1971) Ag

    Oklahoma Attorney General Reports · Apr 29, 1971

    In Anderson, petitioners challenged the validity of a school district election whereby the Board of Trustees had established only one (1) voting place within the district. … Accordingly, if an elector has allowed his registration to expire, then said elector clearly does not comply with the registration requirement, and thereby, is not qualified to vote in any school district elections.

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  • Opinion No. (1979)

    Oklahoma Attorney General Reports · Mar 22, 1979

    It places at his disposal additional technical and clerical help including a qualified specification engineer and eighteen qualified buyers experienced in all facets of state purchases. 74 O.S. 85 .5 of the Central Purchasing … The plain language of the above quoted section, clearly establishes the legislative intent that in the event an agency and Purchasing Director cannot agree upon the specifications or brand of product requested, the State

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  • Opinion No. 79-049 (1979) Ag

    Oklahoma Attorney General Reports · Mar 22, 1979

    It places at his disposal additional technical and clerical help including a qualified specification engineer and eighteen qualified buyers experienced in all facets of state purchases. 74 O.S. 85 .5 [ 74-85.5 ] of the Central … The plain language of the above quoted section, clearly establishes the legislative intent that in the event an agency and Purchasing Director cannot agree upon the specifications or brand of product requested, the State

    Cited 0 timesPublished
  • Opinion No. 76-230 (1976) Ag

    Oklahoma Attorney General Reports · Jun 14, 1976

    No fees, regardless of appellation, may be legally exacted as a condition of attendance of public schools by children otherwise qualified. … Said statutory provision clearly contemplates that attendance of the public school system of the State be absolutely free to such children.

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  • Opinion No. (1997)

    Oklahoma Attorney General Reports · Dec 10, 1997

    Where the intent is clearly stated in the statute, no further statutory construction is necessary. Hughes Drilling Company v. Morgan, 648 P.2d 32 , 35 (Okla. 1982). In 40 O.S. … Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations. . . . 51 O.S.

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  • Opinion No. (1997)

    Oklahoma Attorney General Reports · Oct 7, 1997

    Where the intent is clearly stated in the statute, no further statutory construction is necessary. Hughes Drilling Company v. Morgan, 648 P.2d 32 , 35 (Okla. 1982). … In exercising these powers, a board of county commissioners, unless otherwise prohibited by law, can establish criteria for members of the county retirement system to qualify for military service credit benefits. ¶ 10 It

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  • Opinion No. (2006)

    Oklahoma Attorney General Reports · Apr 14, 2006

    a contract for sale although the writings of the parties do not otherwise establish a contract. … Such clauses thus essentially attempt to waive, by contract, the sovereign immunity of the State.

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  • Opinion No. 77-235 (1977) Ag

    Oklahoma Attorney General Reports · Sep 20, 1977

    This Section provides for the required establishment of provisions relating to teacher evaluations. … However, a "teaching principal", clearly falling within the definition of an administrator, is not required by law to possess an administrator's certificate in order to be qualified to act as a teaching principal.

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  • Opinion No. 70-137 (1970) Ag

    Oklahoma Attorney General Reports · Apr 1, 1970

    FIREMEN — RETIREMENT House Bill 1616, Thirty-Second Legislature, Second Session, applies to a fireman, otherwise qualified, who retires on February 21, 1970. … The language "during the last thirty (30) months of his service" clearly establishes that the end of the term of his service, or date of retirement, is the date from which the thirty (30) months is computed.

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  • 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.

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  • Opinion No. (2010)

    Oklahoma Attorney General Reports · Aug 4, 2010

    No qualified investment made in a qualified small business capital company or qualified investment made by a qualified small business capital company in one or more Oklahoma small business ventures during the period of the … Also, the legislation clearly does not contain an emergency clause.

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  • Opinion No. (1990)

    Oklahoma Attorney General Reports · Jun 19, 1990

    ) MILE RESTRICTION FOR THE ESTABLISHMENT OF BRANCH BANKS. … IT SHOULD BE NOTED THAT THE STATUTE MERELY REFERENCES THE CITY OR TOWN AS IT RELATES TO THE QUESTION OF WHETHER OR NOT THE CITY OR TOWN QUALIFIES FOR A BRANCH OF AN OUT-OF-TOWN BANK.

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  • Opinion No. (1991) Ag

    Oklahoma Attorney General Reports · Aug 20, 1991

    THE ANSWER TO YOUR FIRST QUESTION REQUIRES AN ANALYSIS OF WHO QUALIFIES FOR MEMBERSHIP IN THE OKLAHOMA TEACHER'S RETIREMENT SYSTEM (OTRS). … OKLAHOMA TAX COMMISSION, 801 P.2D 686 (OKLA. 1990), HAS HELD THAT A LONG-STANDING INTERPRETATION MUST BE GIVEN GREAT WEIGHT BY THE COURTS AND SHOULD BE DISTURBED FOR ONLY COGENT REASONS, UNLESS THE CONSTRUCTION IS CLEARLY

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  • Opinion No. 78-180 (1978) Ag

    Oklahoma Attorney General Reports · Jun 30, 1978

    of statutory exception or statutory provision for reinstatement, an agent transferred pursuant to 74 O.S. 150 .14 [ 74-150.14 ] (1977) who voluntarily terminates employment must possess the statutorily required degree to qualify … The new degree requirement specified in 74 O.S. 150 .8 [ 74-150.8 ], paragraph A is clearly an objective eligibility qualification for those applying for appointment as agent and subsequent applicants may not evade this educational

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  • Opinion No. (1979)

    Oklahoma Attorney General Reports · Apr 11, 1979

    Such persons shall be required to qualify to perform said additional duties by satisfactorily completing a course of training prescribed by the Commissioner. … or remuneration would be justified when a "Water Enforcement Officer" qualified for or performed his statutorily delineated, secondary duty.

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  • Opinion No. (1990)

    Oklahoma Attorney General Reports · Jan 16, 1990

    The Committee is charged to establish and publicize an application process, to certify qualified organizations which make application, and to hear appeals of rejected organizations. 74 O.S. 7005 (B)(1-8) (1989). … establishes that any local charitable agency may benefit from the single state employee solicitation campaign conducted within the geographic area where it provides qualified services, if it will band together for such purposes

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