Case law

Opinion No. 73-128 (1973) Ag

Oklahoma Attorney General Reports · May 25, 1973

adopt and issue, and from time to time may amend, rules of general application for the administration of this Act and regulating the professional conduct of persons authorized to engage in public accounting, looking to the establishment … Clearly, Section 59 O.S. 15 .9 [ 59-15.9 ], supra, requires that the applicant must pass a written examination.

Opinion No. (2009)

Oklahoma Attorney General Reports · Apr 23, 2009

The first sentence, which applies to signs visible from a nonfreeway primary highway , clearly differentiates between signs on the same and on opposite sides of the roadway for spacing purposes. … control" of highway advertising, there is no evidence that ODOT has established such criteria.

Opinion No. 75-266 (1975) Ag

Oklahoma Attorney General Reports · Oct 20, 1975

services constitute a part of his supervised course of study, and if such person is designated by such title as 'speech pathology intern,' 'speech pathology trainee,' 'audiology intern,' 'audiology trainee' or other such title clearly … Title 59 O.S. 1605 [ 59-1605 ] (1974), states that supervision must be provided by individuals licensed or qualified in the appropriate area.

Opinion No. 77-191 (1977) Ag

Oklahoma Attorney General Reports · Dec 5, 1977

If the answer is no, the authority to establish such regulations must come from the Legislature. … Clearly, the authority the Board possesses does not extend so far as to allow it, in essence, the sole discretion to decide flood plain standards.

Opinion No. (2009)

Oklahoma Attorney General Reports · May 13, 2009

Electronic communications that qualify as "records" are subject to the Open Records Act and Records Management Act. … Rather, that determination depends upon whether the information qualifies as a record as defined in the ORA and/or RMA.

Opinion No.

Oklahoma Attorney General Reports · Dec 9, 1980

a reasonable procedure for the receipt and disposition of such claims as well as establishing reasonable guidelines for the award thereof. … Statutes providing for the waiver of the sovereign immunity of the State must be strictly construed. As stated in Morris v. State ex rel.

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. (2002)

Oklahoma Attorney General Reports · Jun 28, 2002

His removal from office or failure to qualify as required by law. Id. (emphasis added). … While the Judicial Nominating Commission is a constitutional body established by Section 3 of Article VII-B of the Oklahoma Constitution, pursuant to Section 4 of the Constitution the Commission is empowered only to "submit

Opinion No. (1990)

Oklahoma Attorney General Reports · Feb 12, 1990

CLEARLY, THE APPOINTMENT OF DONAGHEY AND THE OTHER APPOINTEES BY THE CADDO TRIBAL CHAIRMAN MEETS THE FIRST CRITERION. … ACCORDINGLY, DONAGHEY CURRENTLY QUALIFIES UNDER 1058, AND THE OTHERS MAY SOON QUALIFY.

Opinion No. (1985)

Oklahoma Attorney General Reports · Aug 5, 1985

The appointee shall be eligible to become a candidate at said special election, providing said appointee is otherwise qualified. The office to be filled shall be printed on the same ballot as other county offices.'' … There is no room for statutory construction where the intent and meaning of a statute are clearly expressed. Jackson v. Independent School Dist. No. 16 of Payne County , 648 P.2d 26 (Okla. 1982).

Opinion No. (1985)

Oklahoma Attorney General Reports · Apr 9, 1985

Provided that, for the purposes of this section the term `public buildings' shall include, but not be limited to, a county rest home, which shall be defined as any home, establishment or institution owned and operated by … It should be noted, moreover, that it is a generally accepted principle of election law that an election cannot be held in the absence of legislation clearly authorizing the same. See, e.g., Grant and McNamee v.

Opinion No. (1992)

Oklahoma Attorney General Reports · Aug 3, 1992

HIS REMOVAL FROM OFFICE OR FAILURE TO QUALIFY AS REQUIRED BY LAW. THIRD. WHENEVER ANY FINAL JUDGMENT SHALL BE OBTAINED AGAINST HIM FOR A BREACH OF HIS OFFICIAL BOND. FOURTH. … THE FOURTH EVENT LISTED ABOVE CLEARLY EXPRESSES THE REQUIREMENT THAT AN ELECTED OR APPOINTED OFFICIAL MUST BE A RESIDENT OF THE GOVERNMENTAL LOCALITY HE IS ELECTED OR APPOINTED TO SERVE.

Opinion No. (1993)

Oklahoma Attorney General Reports · Apr 30, 1993

TITLE 2 O.S. 104 (C) REQUIRES THAT THE DIRECTORS BE ELECTED AT MASS MEETINGS OR CONVENTIONS OF QUALIFIED ELECTORS OF EACH OF THE COMMISSIONERS' DISTRICTS IN SAID COUNTY. … CLEARLY THEN, THESE FUNDS ARE PUBLIC IN NATURE, OLUSTEE CO-OPERATIVE ASSOCIATION V.

Opinion No. (2007)

Oklahoma Attorney General Reports · Apr 23, 2007

Before analyzing the power of evacuation authorized in these three acts we must first establish the meaning of that term. … This authority to declare a local emergency and then evacuate all or a portion of the jurisdictional area of the political subdivision when events require, is clearly a delegation of the state's police power to act for the

Opinion No. (2004)

Oklahoma Attorney General Reports · Jan 28, 2004

Id. § 85.7(A)(1). ¶ 10 The Act contains a specific provision for fixed rate contracts, providing at Section 85.7 that "[a]ny acquisition of a service which the Department of Central Services has approved as qualifying for … a fixed and uniform rate shall be made pursuant to the provisions" which require the Department of Central Services to establish criteria and guidelines for qualifying services. 74 O.S.

Opinion No. 71-261 (1971) Ag

Oklahoma Attorney General Reports · Jul 1, 1971

Since the Office of Community Affairs and Planning is a statutory body established by Ch. 41, 74 O.S. … In this case, the disbursing agency, the Office of Community Affairs and Planning, is a statutory body clearly within the contemplation of the language of 74 O.S. 500 .14 [ 74-500.14 ] (1961), supra.

Opinion No. 76-392 (1977) Ag

Oklahoma Attorney General Reports · Jan 28, 1977

If a school district qualifies under the rules and regulations which the State Board of Education is hereby authorized to promulgate, such district shall be allocated Six Thousand Dollars ($6,000.00) per pro gram. … This provision clearly provides that local school districts, subject to the respective rules and regulations promulgated by the State Board of Education, may apply for and receive a $6,000.00 grant (per program) for: (1)

Opinion No. (2003)

Oklahoma Attorney General Reports · Jan 31, 2003

Clearly, except for special provisions in Article IX of the Oklahoma Constitution, 12 the Legislature is without power to amend the Constitution. … by reason of the failure to continue to qualify.

Opinion No. 68-234 (1968) Ag

Oklahoma Attorney General Reports · Aug 29, 1968

in the instant case, is to participate in the financing of this integrated turkey project, provided it is not legally prevented from so doing because of the fact that one phase of the project, if taken alone, might not qualify … established by an industrial development agency in Oklahoma."

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 24, 1995

Counties obtain the authority to establish county hospitals under the provisions of 19 O.S. 1991 , §§ 781-796[19-781-796]. … Likewise it is clear that from the three, two are qualified to be a lessee, i.e., a charitable nonprofit organization and a public trust where the county is the beneficiary.