OPINION — AG — ** AUTHORITY TO LICENSE SOCIAL WORKERS ** THE POWERS AND DUTIES OF THE BOARD OF REGISTRATION OF SOCIAL WORKERS IN 59 Ohio St. 1256 [ 59-1256 ], GOVERNING THE REGISTRATION OF SOCIAL WORKERS DO 'NOT' INCLUDE THE POWER AND AUTHORITY TO " LICENSE " AND " POLICE " SOCIAL WORKERS WITHIN THE STATE OF OKLAHOMA. (NOTE: STATUTE PASSED IN 1979/1980 GOVERNING THIS ISSUE, CERTIFICATION, SOCIAL WORKERS, COUNSELOR) CITE: 59 Ohio St. 1256 [ 59-1256 ], 59 Ohio St. 1251 [ 59-1251 ] (NATHAN J....
OPINION — AG — ** PERSONNEL BOARD — MONIES RECEIVED FROM CONTRACTS ** MONEY RECEIVED FROM CONTRACTS ENTERED INTO UNDER 74 Ohio St. 814 [ 74-814 ], CONSTITUTES EARNED INCOME, AND, UNDER OPINION NO. DECEMBER 7, 1961, SHOULD BE DEPOSITED IN THE 74 Ohio St. 813 [ 74-813 ] ACCOUNT. THESE FUNDS MAY BE SPENT IN THE SAME MANNER AS ANY 74 Ohio St. 813 [ 74-813 ] MONIES TO MEET EXPENSES OF THE STATE PERSONNEL BOARD. MONEY RECEIVED FROM CONTRACTS ENTERED INTO UNDER 74 Ohio St. 581 [ 74-581 ], CONSTITUTES...
ACKNOWLEDGMENT OF DEED Title 49 Ohio St. 107 [ 49-107 ] (1971) may be utilized in the acknowledgment of a deed in lieu of the form of acknowledgment found at 16 Ohio St. 33 [ 16-33 ] (1971). The Attorney General's office is in receipt of your opinion request wherein you ask the following question: "Can the Statutory Short Forms of Acknowledgment found in 49 Ohio St. 107 [ 49-107 ] (1971) be utilized in the acknowledgment of a deed in lieu of the form of acknowledgment found in 16 Ohio St. 33 [...
ATTORNEY GENERAL — AUTHORITY TO PROSECUTE House Resolution No. 1182, Second Regular Session, Thirty-fourth Oklahoma Legislature, 1974, relates only to offenses in connection with the state building project contracts and only to elected state officers and employees or appointees in office at the time the resolution was adopted. House Resolution No. 1182 does not grant the Attorney General authority to proceed with prosecution, by Information, of an elected state officer who had resigned prior to...
AGENCY — ADOPTION OF EMERGENCY RULES If an agency falls under the provisions of 75 Ohio St. 301 [ 75-301 ] (1971), et seq., known as the Administrative Procedures Act, then that agency must follow Section 75 Ohio St. 303 [ 75-303 ](b) in adopting emergency rules and regulations. Further, that if an agency is excepted from the provisions of the Administrative Procedures Act then it must follow 75 Ohio St. 253 [ 75-253 ] (1971) in adopting its emergency rules and regulations. The Attorney General'...
COMMISSIONER OF HOUSING AUTHORITY — TENANT Title 62 Ohio St. 1058 [62-1058] and 62 Ohio St. 1059 [62-1059] [62-1059] (1971) as amended are constitutional. The Attorney General's office is in receipt of your opinion request wherein you ask, in effect, the following question. Are the amendments to 63 Ohio St. 1058 [ 63-1058 ] and 63 Ohio St. 1059 [ 63-1059 ] (1971) as enacted in House Bill 1643, Thirty-fourth Legislature, Second Session, constitutional House Bill 1643 amended Title 63 Ohio St....
CHANCELLOR OF HIGHER EDUCATION — EXEMPT FROM CENTRAL PURCHASING ACT Those state agencies or entities exempt from the provisions of the Central Purchasing Act pursuant to 74 Ohio St. 85 .3 [ 74-85.3 ] (1971), do not include the Office of the Chancellor of the State System of Higher Education. This is to acknowledge receipt of your letter wherein you ask in effect, if the exemption provided in Title 74 Ohio St. 85 .3 [ 74-85.3 ] (1971) for "institutions of higher learning" includes the Office of...
EFFECTIVE DATE OF PUBLIC EMPLOYEES RETIREMENT SYSTEM Senate Bill 635, passed in the Second Regular Session of the Thirty fourth Legislature, codified at 74 Ohio St. 914 [ 74-914 ] (1974), allowing a retirant under the Oklahoma Public Employees Retirement System Act to receive compensation up to $2,400.00 in any calendar year while continuing to receive retirement benefits, is effective for the full calendar year, 1974. The Attorney General has considered your request for opinion regarding the...
RETIREMENT BENEFITS FOR JUDGES In computing the retirement compensation for judges or justices under the Uniform Retirement System for Justices and Judges you should first compute four and one-half percent (4 1/2%) of the monthly salary received when the retirant last served as a justice or judge times the total number of years of service. Second, you then compare that figure with the figure found by multiplying seventy-five percent (75%) times the monthly salary rate of the position of the...
** Part I of Part II ** LIABILITY OF BOARD OF REGENTS Where an institution under the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges purports to incur liabilities payable from educational and general funds in excess of funds available, the Board of Regents has the legal responsibility to continue to operate such institution where the current appropriated moneys subject to fiscal year limitations are in excess of liabilities payable therefrom after excluding claims from...
** Part II of Part II ** Title 62 Ohio St. 7 .3 [ 62-7.3 ] (1973), reads as follows: "A. At the end of each month, each state agency shall furnish to the Director of State Finance, in such form as he shall prescribe, a report showing the income, disbursements, and transfers for each agency clearing account and each agency's special account. Such report shall be accompanied by a reconciliation of agency and State Treasury records of income, disbursements and transfers. Income, disbursements and...
PUBLIC COMPETITIVE BIDDING The provisions of House Bill No. 1665 of the Second Regular Session of the Thirty-fourth Legislature do not apply to the awarding of contracts by an industrial public trust created under 60 Ohio St. 176 [ 60-176 ] (1973), et seq., for the construction of private industrial manufacturing plants to be leased to a private commercial user or the purchase and installation of equipment in such a plant. The Attorney General has considered your opinion request wherein you set...
IRRIGATION WATER PERMIT The Water Resources Board has the authority to grant temporary permits for irrigation water in amounts less than two-acre feet per surface acre of land owned or leased by the applicant when to grant such amount would not be of beneficial use or would constitute waste. The Attorney General has received your request for an opinion wherein you, in effect, ask the following question: May the Water Resources Board grant a temporary permit for irrigation water in an amount...
TRUSTEES — REIMBURSEMENT Title 60 Ohio St. 178 [ 60-178 ] (1971) does not apply to trust agreements or indentures created prior to the passage of 60 Ohio St. 178 [ 60-178 ] (1971) as amended in 1970. The Attorney General's Office is in receipt of your opinion request wherein you ask, in effect, the following question: Does 60 Ohio St. 178 [ 60-178 ] (1971), which section states in part: "Trustees who are public officers, shall serve without compensation, but may be reimbursed for actual...
LAW ENFORCEMENT — COUNTY — CITY A city and county may, under 74 Ohio St. 1101 [ 74-1101 ] (1971), et seq., known as the Interlocal Cooperation Act, contract to provide police services. The County could use said fee to hire additional personnel for its sheriff as contemplated under the statutes, but could not increase their salaries in contravention of the same. The Department of Public Safety, as an agency of the State of Oklahoma, could contract with an Oklahoma county and/or Oklahoma city if...
OPINION — AG — ** LAW ENFORCEMENT — COUNTY — CITY ** A CITY AND COUNTY MAY, UNDER 74 Ohio St. 1001 [ 74-1001 ] ET SEQ., KNOWN AS THE INTERLOCAL COOPERATION ACT, CONTRACT TO PROVIDE POLICE SERVICES. THE COUNTY COULD USE SAID FEE TO HIRE ADDITIONAL PERSONNEL FOR ITS SHERIFF AS CONTEMPLATED UNDER THE STATUTES, BUT COULD 'NOT' INCREASE THEIR SALARIES IN CONTRAVENTION OF THE SAME. THE DEPARTMENT OF PUBLIC SAFETY, AS AN AGENCY OF THE STATE OF OKLAHOMA, COULD CONTRACT WITH AN OKLAHOMA COUNTY AND/OR...
VOCATIONAL EDUCATION TEACHERS — COMPENSATION Vocational education teachers who teach an additional two months in the summer are entitled to receive the same monthly salary for such additional months as is received during the school year for performing regular teaching duties. The Attorney General has considered your request for an opinion on the following question relating to compensation of vocational education teachers: "We respectfully request your opinion as to whether the salaries for...
POLICE PENSION AND RETIREMENT BOARD — PER DIEM EXPENSES Travel and per diem expenses for the Police Pension and Retirement Board should be paid initially from funds provided by Senate Bill No. 458, 1974 Legislature. In the event expenses of this nature accrue in excess of the appropriation therefor contained in Senate Bill No. 458 and after depletion thereof, they may be paid from the funds appropriated by Senate Bill No. 620, provided such expenses were incurred as "necessary operating...
DUAL OFFICE HOLDING It is not necessary for an Assistant District Attorney to resign his position to render him eligible to seek the office of Associate District Judge. The Attorney General is in receipt of your request for an opinion wherein you ask the following question: "Is it necessary for an Assistant District Attorney to resign at the time he files his Notification and Declaration of Candidacy for the office of Associate District Judge " Title 19 Ohio St. 131 [ 19-131 ] (1971), as...
MARRIAGE LICENSE — PHOTOCOPY — Xerox — After a judge performs a marriage, the married couple may have a photocopy of the marriage license prior to registering the license, if obtaining the photocopy does not unduly interrupt the process of returning the license to the issuing authority. Such determination is a question of fact that must be evaluated in each particular instance. The court clerk may set a reasonable charge for any copy of a marriage license that he makes. The Attorney General has...
