OPINION — AG — **** UNAUTHORIZED SPENDING OF PUBLIC FUNDS **** ANY PUBLIC OFFICIAL WHO ACTS CONTRARY TO THE PROVISIONS OF 26 Ohio St. 1971 501 [ 26-501 ], OR ANY OTHER LAW OF THE STATE OF OKLAHOMA, IS SUBJECT TO BEING CHARGED AND HIS GUILT OR INNOCENCE DETERMINED BY A COURT AND JURY. THE PENALTY FOR THE VIOLATION OF 26 Ohio St. 1971 501 [ 26-501 ] IS A FINE NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS, AND THE OFFICE HELD BY SUCH PARTY SHALL BE ADJUDGED VACANT. FURTHER, THE...
OPINION — AG — **** COUNTY ASSESSOR DETERMINATION OF ASSESSED VALUE OF PROPERTY **** THE COUNTY ASSESSOR IS NOT LAWFULLY REQUIRED TO USE ANY PARTICULAR INFORMATION, FACTS OR FIGURES AS A BASIS FOR DETERMINING THE ASSESSED VALUE OF REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY. CITE: 68 Ohio St. 1971 2427 [ 68-2427 ], ARTICLE X, SECTION 8, 68 Ohio St. 1971 2481.6 [ 68-2481.6 ], OPINION NO. 68-141, 68 Ohio St. 1971 2435 [ 68-2435 ] (YVONNE SPARGER) ** SEE: OPINION NO. 88-014 (1988)
** Summary ** COUNTY COMMISSIONERS — AUTHORITY OVER COUNTY HOSPITALS Any funds received by the county hospital not designated as a special fund must be deposited in the county treasury in the County Hospital Fund. Further, the Board of County Commissioners does have the power and authority to lease the hospital and equipment therein to a charitable non-profit organization, thereby creating a public trust. The county must be the beneficiary, otherwise the Board of County Commissioners may not...
** Summary ** COMMISSIONERS OF LAND OFFICE — AUTHORITY TO POSTPONE SALE OF PUBLIC LANDS The Commissioners of the Land Office have the authority to prescribe rules and regulations necessary for the postponement of the sale of public lands. The Attorney General has received your opinion request wherein you ask the following question: "What legal steps must be followed to postpone the sale of Commissioners of the Land Office lands which sale was advertised to take place at a time and place certain...
** Summary ** PROMOTER OF BOXING CONTEST SUBJECT TO STATE GROSS RECEIPTS TAX Every promoter is subject to taxation of total gross receipts of ar boxing contest or sparring exhibition, inclusive of closed-circuit television, and irrespective of whether promoter has place of business within or without State of Oklahoma. The Attorney General has received your opinion request wherein you ask, in effect, the following question: "Whether an individual promoting professional boxing via closed circuit...
** Summary ** PROCEDURES FOR POLITICAL PARTY TO REMAIN POLITICAL PARTY A political party in the State of Oklahoma to remain a political party, must receive ten percent of the votes cast for the party receiving the highest number of votes in two general elections following each other involving the election of the President of the United States and the Governor of the State of Oklahoma. Specifically, the American Party must have received ten percent of the votes cast in the 1970 general election...
** Summary ** AUTHORITY OF CITY TO CLEAN UP PRIVATE PROPERTY Title 11 Ohio St. 20 [11-20] (1971), which authorizes city officials to remove trash and weeds and mow grass located on privately owned property after notice to the owner and an opportunity for hearing, is constitutional. The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following questions: 1. Is Title 11 Ohio St. 20 [11-20] (1971) constitutional 2. If it is constitutional is the...
** Summary ** PROCEDURES IN DETERMINING TRANSITIONAL DEDUCTION OF TAXPAYER Any differences in deductions between federal and state income tax laws resultant from the depletion allowance on oil lease bonuses, or contributions by self-employed persons under H.R. 10 Retirement Plans are not subject to inclusion in determining the optional transitional deduction. The Attorney General has received your request for an opinion wherein you raise the following question: "Are differences in the...
** Summary ** CERTAIN WELFARE EMPLOYEES NOT SUBJECT TO PREVAILING HOURLY RATE OF WAGES LAW Regular salaried employees and other persons employed by the Department of Welfare, who make repairs, do construction work, carpentry work, masonry and similar work are not deemed to be employe upon "public works," and therefore are not subject to the prevailing hourly rate of wages set by the Oklahoma Commissioner of Labor under 40 Ohio St. 196 .3 [40-196.3](A) (1971). The Attorney General is in receipt...
** Summary ** LIMITATIONS ON COUNTY SUPERINTENDENT OF SCHOOLS A person may not serve as a county superintendent of schools and concurrently be employed as a teacher, principal or superintendent by a dependent or independent school district in the county where he resides. The question of whether a county superintendent of schools may ethically accept employment as a teacher, principal or superintendent in a school district in another county is a question of fact which must be resolved initially...
** Summary ** INSURANCE CONTRACTS — PRIOR APPROVAL BY INSURANCE COMMISSIONER Pursuant to the terms of 36 Ohio St. 2606 [ 36-2606 ] (1971), Oklahoma Physicians Service and Group Hospital Service (Blue Shield and Blue Cross) can legally submit a bid for contract on health insurance without having obtained prior approval from the Insurance Commissioner; and Blue Shield and Blue Cross can legally enter into a contract for health insurance without prior approval of the Insurance Commissioner,...
** Summary ** ADMINISTRATION OF PERMANENT EMPLOYMENT POSITIONS OF STATE SENATE The President Pro Tempore has authority under 74 Ohio St. 292 [ 74-292 ] (1972), to specify the titles and emoluments pertaining to permanent employment positions of the State Senate provided he adheres to the number of positions and salary ranges designated therein. The Attorney General has considered your request for an opinion wherein you raise the following question: "Does the Pro Tempore, during his normal...
** Summary ** STATUS AND AUTHORITY OF TEMPORARY ADDITIONAL MEMBERS OF A BOARD OF EDUCATION A temporary additional member of a board of education of a school district having more than fifty thousand average daily attendance serving pursuant to Laws 1972, Ch. 216 ( 70 Ohio St. 5-107 [ 70-5-107 ](A) (1972)) has the right to vote as other members of the board. Under Laws 1972, Ch. 216 ( 70 Ohio St. 5-107 A [ 70-5-107A ] (1972)), with respect to a school district having more than fifty thousand...
** Summary ** ADMINISTRATION OF INFANTRY DIVISION MUSEUM The 45th Infantry Division Museum provided for in 44 Ohio St. 235 [ 44-235 ] (1971), is part of the military department and has the legal status attributed to a State agency or subdivision thereof. The Adjutant General has the power to expend State appropriated money on said museum as provided for in O.S.L. 1972, Ch. 106 , 1 and 2, and 44 Ohio St. 26 [ 44-26 ] (1971). Money contributed for the benefit of the museum must be donated as...
** Summary ** REGISTERING OF TEACHERS OF ENGINEERING WITH STATE BOARD Whether or not teachers of engineering should register with the State Board depends on two things: (1) Whether or not the teachers are in fact employees or subordinates of holders of certificates of registration; (2) Whether or not teachers of engineering are in fact doing engineering teaching of advanced engineering subjects or courses related thereto. The above are factual determinations that should be made by the State...
** Summary ** REQUIREMENTS FOR CERTIFICATE OR LICENSE BY BOARD OF PUBLIC ACCOUNTANCY The provisions of 59 Ohio St. 15 .8 [ 59-15.8 ](b) (1971) do not require that an applicant for the certificate of Certified Public Accountant or license of Public Accountant complete a minimum number of semester hours in subjects related to the area of accounting. The Attorney General has considered your request for an opinion wherein you ask, in effect, the following question: Does an applicant for the...
** Summary ** PROCEDURES TO CONDUCT BUSINESS OF PERSONNEL BOARD At least four members of the State Personnel Board, constituting a quorum of said Board, must be present to conduct business. Only those hearings conducted under 74 Ohio St. 833 [ 74-833 ] (1971); require a majority vote of the Board, that being four votes; in all other business of the Board a majority vote of those present will suffice, as long as those present constitute at least a quorum of the Board. The Attorney General is in...
** Summary ** COMPUTATION OF INTEREST ON PAST DUE CONTRIBUTIONS OWED THE EMPLOYMENT SECURITY COMMISSION Title 40 Ohio St. 224 [40-224](a) (1972) operates only prospectively, but it also limits the amount of interest on contributions due and payable prior to the effective date of the amendment to fifty percent of the contribution unpaid for any period unless the amount of interest on the effective date already equaled or exceeded that amount. The effect of the amendment on the two categories of...
** Summary ** DUAL OFFICE HOLDING — APPLICABLE AT TIME OF APPOINTMENT Title 51 Ohio St. 6 [ 51-6 ] (1971), prohibiting dual office holding, applies to members of local boards of education and to members of the State Board of Public Accountancy; no person may serve in both such capacities. Although appointments to the State Board of Public Accountancy are subject to subsequent Senate confirmation, the appointee may properly exercise the duties of that office during the interim period before...
** Summary ** ADMINISTRATION OF ESTRAY LAWS There is no specific authorization for the delegation or assignment of authority in 4 Ohio St. 85 .1 [ 4-85.1 ] (1971), et seq. to administer the estray law for the State of Oklahoma. However, 2 Ohio St. 2-4 [ 2-2-4 ](d) (1971) contemplates the appointment of authorized agents rather than the delegation of authority to aid in the administration of the Department of Agriculture projects. The Attorney General is in receipt of your request for an opinion...
