Case law

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

Opinion No. 76-378 (1977) Ag

Oklahoma Attorney General Reports · Jan 17, 1977

The subject question appears to inquire if this ruling is somewhat qualified, with regard to prior school years incidents or acts of misconduct, by the employment time frame which may be established pursuant to the statutorily … However, if such collateral evidence clearly tends to establish or refute material issues or facts in dispute, which issues concern present grounds for dismissal, such evidence may be considered. (R.

Opinion No. 71-104 (1971) Ag

Oklahoma Attorney General Reports · Jan 20, 1971

Clearly contemplates that the position to which a person has been duly elected is vacated by the previous Board member as of the date of the election and the taking of the oath of office. … Article XIII , Section 1 of the Oklahoma Constitution vests plenary power in the Legislature to establish and maintain a system of education.

Opinion No. (1985)

Oklahoma Attorney General Reports · Aug 15, 1985

As part of the Act, there was established within the Department of Interior, the Office of Surface Mining Reclamation and Enforcement, which was empowered to promulgate rules and regulations necessary to carry out the purposes … Further, as the law clearly provides, said laboratory is allowed to be paid by ODM from federal grant funds applied for and received by ODM pursuant to 30 C.F.R. § 735.1 et seq., and 795.1 et seq.

Opinion No. (2011)

Oklahoma Attorney General Reports · May 27, 2011

A de jure officer is "one who is legally appointed and qualified to exercise the duties of the office." Cox v. Dawson , 911 P.2d 272 , 284 (Okla. 1996); (Opala, J., dissenting). … The Legislature has established the manner in which state employees are paid.

Opinion No. (1999)

Oklahoma Attorney General Reports · May 26, 1999

branches of the healing art as defined in 59 O.S. 1951 § 702[59-702], must append to his name so written or printed in the same size letters as his name appropriate and generally and easily understood words or letters, which clearly … This statutory definition, along with the remaining provisions of the Basic Science Law, established by the Legislature in 1937, was repealed in 1973.

Opinion No. (1985)

Oklahoma Attorney General Reports · Sep 24, 1985

Presuming that a qualified blind vendor is not available for each facility, the determination of whether or not another vendor is in direct competition with a qualified blind vendor would constitute a question of fact. … Prior to its amendment in 1978 ( see Laws 1978, c.127, 3), the provisions of this act clearly, therefore, provided a process whereby rent was to be paid to the governing body of a state institution by a licensed blind vendor

Opinion No. (1995)

Oklahoma Attorney General Reports · Oct 12, 1995

once again examining the nature of the Fund, the Court concluded that the Fund was not protected by traditional sovereign immunity. … freeze in hiring," are part of the Oklahoma Personnel Act, and because that Act defines "agency" to include "department[s]" of the State, id. at § 840-1.3(1), such as the State Insurance Fund, and further because it was clearly

Opinion No. (2010)

Oklahoma Attorney General Reports · Dec 20, 2010

We have held previously that deductions to be allowed in computing net income depend entirely on the legislative will and must be clearly expressed. … There is no requirement that the establishment being invested in actually establish nonstop air transportation service from the state to either coast.

Opinion No. 69-246 (1969) Ag

Oklahoma Attorney General Reports · Jul 23, 1969

The rules referred to obviously designate a basis upon which any Oklahoma bank might qualify as a depository. … Thus. the manifest purpose of the rules is to establish criteria for selection of Oklahoma banks as depositories in order that any bank in the State might have an equal opportunity to qualify as a depository.

Opinion No. 68-117 (1968) Ag

Oklahoma Attorney General Reports · Feb 15, 1968

The United States Constitution, Amendment XIV , Section 1 , provides in relevant part: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any … The court held: "The pattern of misrepresentation as to available housing was clearly and fully established.

Opinion No. 71-125 (1971) Ag

Oklahoma Attorney General Reports · Feb 12, 1971

In Williamson, the Court defined "optician" as "an artisan qualified to grind lenses, fill prescriptions, and fit frames," Williamson, supra, at Page 486. … The Court, at Page 490, established the optician's circumstance by saying: "An eyeglass frame, considered an isolation, is only a piece of merchandise.

Opinion No. 80-169 (1980) Ag

Oklahoma Attorney General Reports · Dec 23, 1980

purpose of this statute is: "(a) To provide uniformity in Accident and Health Insurance and/or Benefits Coverage and Life Insurance on all employees of the State of Oklahoma; "(b) To enable the state to attract and retain qualified … As the purchase of liability insurance has been held to be a waiver of sovereign immunity, the decision to purchase liability insurance necessarily impacted upon broader public policy concerns and simply the "internal management

Opinion No. (2009)

Oklahoma Attorney General Reports · Jul 31, 2009

The second amendment repealed Article VII, and replaced it with a new Article VII, establishing the "Judicial Department." 1 Specifically, Section 3 of Article VII-B establishes "as a part of the Judicial Department a Judicial … Id. 3 The Court of Civil Appeals was established in 1968. 1968 Okla. Sess.

Opinion No. (1986)

Oklahoma Attorney General Reports · Apr 14, 1986

A municipality may establish such license requirements as it deems appropriate in the exercise of its police power and may provide that each applicant supply his state sales tax identification number or proof of exemption … pertinent language in 68 O.S. 2702 reads: "[T]he Oklahoma Tax Commission and the governing body of any incorporated city or town may enter into contractual agreements whereby the municipality would be authorized to furnish qualified

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Jul 12, 1991

(B) TO ENABLE THE STATE TO ATTRACT AND RETAIN QUALIFIED EMPLOYEES BY PROVIDING HEALTH, DENTAL AND LIFE INSURANCE BENEFITS SIMILAR TO THOSE COMMONLY PROVIDED IN PRIVATE INDUSTRY; (E) TO RECOGNIZE LONG AND FAITHFUL SERVICE … ARE ESTABLISHED BY THE BOARD.

Opinion No. (1988)

Oklahoma Attorney General Reports · Mar 10, 1988

THE INDIAN AND HARDROCK MINING MUSEUM COMMISSION WAS ESTABLISHED IN 1971 BY THE TERMS OF HOUSE BILL NO. 1365 OF THE 1971 LEGISLATURE. … IN 1975, THE COMMISSION RESOLVED TO DEDICATE CERTAIN PROPERTY OWNED BY IT TO THE USE OF OKLAHOMA INDIAN TRIBES, UNDERSTANDING AT THAT TIME THAT A PRIVATE ENTITY REPRESENTING SEVERAL TRIBES WAS QUALIFIED TO RECEIVE FEDERAL

Opinion No. 72-282 (1972) Ag

Oklahoma Attorney General Reports · Feb 14, 1972

He must go further, however, and show that the income item which he seeks to include qualifies as one subject to adjustment. … This language clearly contemplates the allowance for depletion only in event of actual production of oil or gas from the land .

Opinion No. 92-605 (1992)

Oklahoma Attorney General Reports · May 28, 1992

CLEARLY, A CONSTITUTIONAL PROBLEM EXISTS UNLESS THE ISSUING AGENCY HAS OTHER "CASH ON HAND" TO COVER THE AMOUNT OF THE WARRANTS BETWEEN THE DATE THE WARRANTS ARE ISSUED AND DELIVERED AND THE DATE THE OFFSETTING DEPOSIT OF … DEPEND UPON THE FACTS AND CIRCUMSTANCES OF EACH CASE; NEVERTHELESS, THE AUTHORITIES REVIEWED ABOVE ESTABLISH CERTAIN MINIMAL REQUIREMENTS.

Question Submitted by: Vicki Zemp Behenna, Office of the District Attorney, 7th District

2024 OK AG 15 · Oklahoma Attorney General Reports · Oct 30, 2024

Clearly, the Legislature has expressed its intent that officers using excessive force and the officers who shield them from accountability act contrary to public policy. ¶13 The Legislature did not repeal section 34.1. … If immunized from criminal prosecution, the only barriers to dissuade the bad apples among the peace officer ranks are potential employment consequences and federal 1983 lawsuits. See 42 U.S.C. § 1983 .