Case law

Opinion No. 72-206 (1972) Ag

Oklahoma Attorney General Reports · Aug 3, 1972

The Arkansas Supreme Court has considered the question of whether the heirs of a deceased high school instructor could qualify for State Workmen's Compensation benefits. … Title 70 O.S. 4401 -4418 [70-4401-4418] clearly emphasize the local control by governing boards of counties, cities, towns and school districts in the establishment of community junior colleges.

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. 76-256 (1976) Ag

Oklahoma Attorney General Reports · Jul 12, 1976

Said statutes established a "rational and relevant formula for uniformity of salaries and wages and of future increases and decreases thereof." … Since said superintendent is employed by the county commissioner he is qualified to receive eighty percent (80%) of the salary of the principal officer i.e. a county commissioner.

Opinion No. (1995)

Oklahoma Attorney General Reports · Dec 1, 1995

Therefore its ordinary meaning is applicable. 25 O.S. 1991 , § 1[ 25-1 ]. ¶ 11 The dictionary definition of "relate" is "to show or establish a logical or causal connection between . . . [to] have reference." … To purchase any insurance deemed necessary for providing benefits. . . . 74 O.S.Supp. 1995, § 1365[ 74-1365 ] (A). ¶ 13 These powers clearly, by a plain reading of 74 O.S.Supp. 1995, § 1364[ 74-1364 ], relate to the purchase

Opinion No. 80-125 (1980) Ag

Oklahoma Attorney General Reports · Aug 21, 1980

A plain reading of the above-mentioned provisions clearly authorizes cities and counties the ability to execute contracts and appropriate funds to establish and operate a joint city/county library. … this constitutional provision, it further follows that an agreement executed by any political subdivision must, by its own terms, not extend beyond the current fiscal year absent an affirmative vote of three-fifths of the qualified

Opinion No. (2005)

Oklahoma Attorney General Reports · Aug 15, 2005

The court struck down legislation directing all agencies, including the Board of Regents, to increase employee salaries, declaring that "determination of faculty salaries is clearly an integral part of the power to govern … We note the court's acknowledgment in Baker that "constitutionally assured independence cannot be equated with complete immunity for [sic] legislative regulation." Baker, 638 P.2d at 469 .

Question Submitted by: The Honorable Mike Osburn, Oklahoma House of Representatives, District 81

2024 OK AG 12 · Oklahoma Attorney General Reports · Aug 21, 2024

A legislative act is presumed to be constitutional and will be upheld "unless it is clearly, palpably and plainly inconsistent with fundamental law." Taylor v. State and Educ. Employees Group Ins. … Garner, Reading Law: The Interpretation of Legal Texts 147 (2012) (Series-Qualifier Canon).

Opinion No. 76-144 (1976) Ag

Oklahoma Attorney General Reports · Feb 19, 1976

While it is true that the legislative intent in such a situation is not clearly reflected in Section 629 as is the intent in situations where a company does continue to do business in the state, we feel it is reasonable and … As long as the company is qualified, i.e. licensed, to do business in the State, the possibility exists that business could be transacted and tax obligations accrue.

Opinion No. (2003)

Oklahoma Attorney General Reports · Apr 16, 2003

Qualifying Manufacturing Concerns ¶ 1 On April 30, 1985, the people of Oklahoma adopted State Question No. 588, which amended the Oklahoma Constitution to establish an ad valorem tax exemption for qualifying manufacturing … Supp. 1985, § 193[ 62-193 ] ), established the Ad Valorem Reimbursement Fund. Currently Section 193 provides: A.

Opinion No. 72-267 (1972) Ag

Oklahoma Attorney General Reports · Dec 27, 1972

The enactment of 74 O.S. 292 [ 74-292 ] (1972) continues this precedent established by the Legislature. … The plain wording of the statute clearly does not violate the provisions of Article V, Section 49 and is within the guidelines established by Article V , Section 36 of the Oklahoma Constitution.

Opinion No. (1985)

Oklahoma Attorney General Reports · Jun 17, 1985

Clearly, such loans are not direct obligations of the United States. Are they, then, obligations whose principal and interest are guaranteed by the United States? … Lenders holding GSLP student loans that are in default are paid in full by a guarantee agency, which may be either a state agency or non-profit corporation meeting the qualifications established by the Secretary. Id .

Opinion No. (1986)

Oklahoma Attorney General Reports · Feb 27, 1986

The SIC was developed for use in the classification of establishments by type of activity in which they are engaged. … Clearly, the language of this constitutional provision permits expansions of existing facilities to avail themselves of the tax exemption provision.

Opinion No. 69-290 (1969) Ag

Oklahoma Attorney General Reports · Oct 16, 1969

Subsection (1) of said Section authorizes the Board: "To adopt and establish rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of … Applying these rules and decisions to the situation posed by your question clearly establishes that the Board's fixing of standards not provided for by law, and not consistent with the authority vested in the Board as a condition

Opinion No. (2010)

Oklahoma Attorney General Reports · Nov 29, 2010

It is unnecessary to apply rules of construction to discern Legislative intent if the will is clearly expressed. … established legal precedent.

Opinion No. 68-113 (1968) Ag

Oklahoma Attorney General Reports · Jun 24, 1968

Under Section 10 ( 60 O.S. 175 .10 [ 60-175.10 ] (1961)) the Trustee may deposit funds with itself only "pending investment, distribution, or to pay debts" which clearly implies that such funds are at all times instantly … Not being otherwise directed, it appears that Section 161 establishes the general guidelines for the investment of the trust res.

Opinion No. 72-253 (1972) Ag

Oklahoma Attorney General Reports · Jan 12, 1973

** Summary ** WATER RESOURCES BOARD AUTHORITY TO ESTABLISH RESTRICTIONS UNDER PERMITS GRANTED The Oklahoma Water Resources Board has the authority to establish time restrictions on the use of water under a validly granted … This particular portion of the statute clearly grants great latitude to the Board in their determination of water rights applications.

Opinion No. (1999)

Oklahoma Attorney General Reports · Mar 19, 1999

The situation presented by Congress' intent to establish a nationwide policy for interstate horserace wagering is similar in nature to Congress' establishment of a nationwide policy in the Safe Drinking Water Act, which, … A contrary conclusion, as the Court held, would thwart the national policy by creating vacuums of authority in the Act's application: As indicated above, the SDWA clearly establishes national policy with respect to clean

Opinion No. 75-161 (1975) Ag

Oklahoma Attorney General Reports · Oct 21, 1975

Under both Section 8 and Section 12 of the Oklahoma Enabling Act, grants are made by the United States to the State of Oklahoma for the use and benefit of the "Colored Agricultural and Normal University," which was established … addition, following the grants in Section 8, it is expressly provided that the beneficiary educational institutions shall remain under the exclusive control of the State, and the express language of this section and Section 12 clearly

Opinion No. 78-181 (1978) Ag

Oklahoma Attorney General Reports · Nov 1, 1978

This decision was based on the theory that insomuch as the pension and retirement system was established by ordinance, the system was subject to being abolished by an ordinance repealing the ordinance establishing the system … by the legislature amending 11 O.S. 541a [11-541a] in 1963 to prevent municipalities from disbanding any part of the pension and retirement system unless it was recommended by the Board of Trustees and a majority of the qualified

Opinion No. (2005)

Oklahoma Attorney General Reports · Dec 7, 2005

If H.B. 1747 is construed to evince a legislative intent to create a "retired reserve peace officer" status, should CLEET promulgate rules that clearly define what constitutes the status of being "retired" for reserve peace … White, 689 P.2d 311 , 314 (Okla. 1984). ¶ 4 If we construe the amendment either to refer to individuals who could qualify to obtain the concealed weapon identification because they are otherwise eligible to participate in