OPINION — AG — ** COUNTY COMMISSIONERS — DUTIES AND AUTHORITY — NUMBER AND RATE OF PAY FOR DEPUTIES OF COUNTY OFFICERS — SALARIES — APPROPRIATION BY EXCISE BOARD ** A BOARD OF COUNTY COMMISSIONERS DOES NOT HAVE THE AUTHORITY TO DESIGNATE THE NUMBER OF DEPUTIES THAT A COUNTY OFFICER MAY APPOINT NOR MAY THE COMMISSIONERS FIX THEIR RATES OF PAY. UNDER THE PROVISIONS OF 19 Ohio St. 1976 Supp., 180.65 [ 19-180.65 ], THE COMMISSIONER MAY RECOMMEND THE TOTAL AMOUNT OF FUNDS THAT CAN BE USED FOR THE...
OPINION — AG — ** WORKER'S COMPENSATION — JUVENILE CURT DIRECTORS ** JUVENILE COURT DIRECTORS AND COUNSELORS ARE COVERED UNDER THE WORKER'S COMPENSATION ACT, AS AMENDED. CITE: 85 Ohio St. 2 [ 85-2 ] (JAMES R. BARNETT)
OPINION — AG — ** NURSING HOME LICENSE ** HOSPITAL AND NURSING HOME LICENSES AUTOMATICALLY BECOME INVALID ON THE EFFECTIVE DATE OF A CHANGE OF OWNERSHIP; THAT THE STATE BOARD OF HEALTH HAS 'NO' AUTHORITY TO ISSUE NEW LICENSE RETROACTIVE TO THE EFFECTIVE DATE OF SUCH CHANGE OF OWNERSHIP; THAT THE THIRTY DAY GRACE PERIOD PROVIDED UNDER 63 Ohio St. 1-1702 [ 63-1-1702 ] HAD NO APPLICABILITY TO SUCH LICENSE; AND THAT THE NOTICE PROVISIONS OF 75 Ohio St. 314 [ 75-314 ] ARE NOT APPLICABLE TO NEW...
OPINION — AG — SECT. 1 OF HOUSE JOINT RESOLUTION NO. 1066 PASSED BY THE SECOND SESSION OF THE THIRTY FIFTH OKLAHOMA LEG. DOES NOT AUTHORIZE MORE THAN ONE STEP SALARY ADJUSTMENT TO EMPLOYEES IN THE COVERED JOB CLASSIFICATIONS. HOWEVER, HOUSE JOINT RESOLUTION NO. 1066 DOES NOT PRECLUDE OR DELAY ANY MERIT INCREASES, EXTRA MERITORIOUS SERVICE INCREASES, PROMOTES OR OTHER GRADES CHANGES THAT AN AGENCY MAY DESIRE TO GRANT OR PURSE UNDER APPLICABLE LAW. CITE: 74 Ohio St. 1975 Supp., 817.3 [ 74-817.3 ]...
ALCOHOLIC BEVERAGES — ADVERTISING — OKLAHOMA PRINTING COMPANY PRINTING LIQUOR ADVERTISING FOR OUT OF STATE PUBLISHER An Oklahoma printing company may print and bind magazines and/or programs for a publisher headquartered outside Oklahoma who publishes a national magazine and/or program designed for national distribution in connection with a nationally publicized event to be held in Oklahoma, which publication contains liquor advertising sold outside the State of Oklahoma to companies...
OPINION — AG — ** ALCOHOLIC BEVERAGES — ADVERTISING — OKLAHOMA PRINTING COMPANY PRINTING LIQUOR ADVERTISING FOR OUT OF STATE PUBLISHER ** AN OKLAHOMA PRINTING COMPANY MAY PRINT AND BIND MAGAZINES AND/OR PROGRAMS FOR A PUBLISHER HEADQUARTERED OUTSIDE OKLAHOMA WHO PUBLISHES A NATIONAL MAGAZINE AND/OR PROGRAM DESIGNED FOR NATIONAL DISTRIBUTION IN CONNECTION WITH A NATIONALLY PUBLICIZED EVENT TO BE HELD IN OKLAHOMA, WHICH PUBLICATION CONTAIN LIQUOR ADVERTISING SOLD OUTSIDE THE STATE OF OKLAHOMA TO...
REGISTRATION OF AIRCRAFT — FEES AND TAXES — PRORATION House Bill No. 1986, now codified as 3 Ohio St. 251 [ 3-251 ] — 3 Ohio St. 257 [ 3-257 ] (1976), was effective on September 8, 1976. The provisions of House Bill No. 1986 are prospective only and, therefore, aircraft purchased after the effective date of the act are subject to the registration fees and taxes provided in the act on a prorated basis. The Attorney General has received your request for an opinion wherein you, in effect, ask the...
COMMISSIONER OF PUBLIC SAFETY — AUTHORITY TO SET SALARY — MERIT SYSTEM SALARY SCHEDULE Title 47 Ohio St. 2-104 [ 47-2-104 ] (1976) establishes minimum and maximum salaries for Highway Patrolmen but does not authorize the Commissioner of Public Safety to establish intermediate salary steps between the minimum and maximum limits. Absent specific legislation, the Merit System salary schedule will control the intermediate steps. The Attorney General is in receipt of your recent inquiry wherein you...
BOARD OF OSTEOPATHIC EXAMINERS — SUBSTITUTION OF EXAMINATION REQUIREMENTS The State Board of Osteopathic Examiners may substitute the National Board Examination for their State Examination so long as the National Board Examination fulfills the requirements set forth in 59 Ohio St. 632 [ 59-632 ] (1971). The Attorney General has considered your request for an opinion wherein you ask the following question: "May the Board of Osteopathic Examiners substitute the National Board Examination for...
COUNTY COMMISSIONERS — COUNTY OFFICE SPACE — LENGTH OF LEASE — LIMITATION ON LEASE CREATING INDEBTEDNESS The Board of County Commissioners may rent or lease to nongovernment businesses any excess office space in county-owned buildings. Additionally, the Board of County Commissioners may rent or lease to non-government businesses excess office space in a building which has been deeded to the county. The length of time for the lease may be for any time period deemed advisable by the Board of...
WORKER'S COMPENSATION — JUVENILE COURT DIRECTORS Juvenile Court directors and counselors are covered under the workman's compensation act as amended. The Attorney General has received your request for an opinion wherein you, in effect, ask the following question: "Are juvenile court directors and counselors covered under the workman's compensation act as amended " Title 85 Ohio St. 2 [ 85-2 ] (1976) is determinative of the answer to your question, and reads in pertinent part as follows: "...
COUNTY OFFICERS — ACT RELATING TO DEPUTIES — COUNTY HEALTH DIRECTOR Senate Bill 753, adopted by the Second Regular Session of the Thirty-Fifth Legislature is not applicable to county health directors and their personnel. The Attorney General has received your request for an opinion wherein you ask, in effect, the following question: Is Senate Bill 753, adopted by the Second Regular Session of the Thirty-fifth Legislature, applicable to county health directors and their personnel Senate Bill...
BOARD OF LEGISLATIVE COMPENSATION — QUORUM REQUIRED AND DEFINED — OPEN MEETING REQUIRED — PROCEDURES, LIMITATIONS, AND AUTHORITY OF BOARD DEFINED A majority vote of a quorum of the Board on Legislative Compensation is required for the Board to take action pursuant to Article V , Section 21 of the Oklahoma Constitution, and the Board is without the authority to specify a greater number of votes to be required for the Board to take action. A quorum of the Board would be a majority of the entire...
COUNTY COMMISSIONERS — DUTY TO FURNISH OFFICE SPACE TO COUNTY HEALTH DEPARTMENT A Board of County Commissioners is not required to furnish offices free of charge to a county health department. The Attorney General has received your request for an opinion wherein you ask, in effect, the following question: Is the Board of County Commissioners required to furnish office space in the County Courthouse free of charge to the County Health Department Attorney General Opinion No. 73-231, (6 Okl. O.P....
OKLAHOMA INDUSTRIAL FINANCE AUTHORITY — OIL FIELD PIPE SUPPLY COMPANY AS INDUSTRIAL OR MANUFACTURING ENTERPRISE — "INDUSTRIAL DEVELOPMENT PROJECT" DEFINED An oil field pipe supply company which modifies a portion of its stock by cutting, beveling, threading, polishing and installing couplings and collars on pipe in order to sell same does qualify as an industrial or manufacturing enterprise within the definition of "industrial development project" as defined in 74 Ohio St. 853 [ 74-853 ](F) (...
NURSING HOMES — WHEN LICENSE NOT REQUIRED A room and board home which charges only for a room, a bed, or living area, and meals, and does not charge for nursing care, personal care or supervision may or may not be required to have a license under the provisions of 63 Ohio St. 1-802 [ 63-1-802 ] (1971), depending on whether or not nursing care, personal care or supervision is actually furnished to three or more persons domiciled in the home. The Attorney General has received your request for an...
ALCOHOLIC BEVERAGES — MUNICIPAL COURT CONVICTION — PACKAGE STORE LICENSE Although 37 Ohio St. 527 [ 37-527 ](4) (1976), prohibits the issuance of a retail package store license where the applicant has a previous conviction of a state or federal offense, a previous conviction in a municipal court relating to alcoholic beverages is not included within the provisions of this section. The previous conviction discussed in Section 527(4) relates to any conviction of a state or federal law involving...
ALCOHOLIC BEVERAGES — ADVERTISING IN PROGRAM PUBLISHED OUTSIDE STATE IN CONNECTION WITH NATIONALLY PUBLICIZED EVENT Article XXVII , Section 5 of the Oklahoma Constitution, and 37 Ohio St. 516 [ 37-516 ] (1971) do not prohibit liquor advertising in a magazine and/or program published and printed outside of the State of Oklahoma by a publisher headquartered outside the State of Oklahoma, and to be distributed in all fifty states in connection with a nationally publicized event to be held in...
OPINION — AG — ** SCHOOL DISTRICTS — NON TEACHER PERSONNEL — BENEFITS ** THE LEGISLATURE DID NOT INTEND BY THE PASSAGE OF SENATE BILL NO. 624 OF THE THIRTY FIFTH LEGIS., ( 70 Ohio St. 1976 Supp., 6-104 [ 70-6-104 ], 70 Ohio St. 1976 Supp., 6-104.5 [ 70-6-104.5 ], 70 Ohio St. 1976 Supp., 6-105 [ 70-6-105 ], 70 Ohio St. 1976 Supp., 6-105(A)) [ 70-6-105 ] TO DESTROY PREVIOUSLY GRANTED BENEFITS TO NON TEACHER OR NON CERTIFIED SCHOOL DISTRICT PERSONNEL. TO HOLD OTHERWISE WOULD GIVE RISE TO SERIOUS...
SCHOOL DISTRICTS — NON-TEACHER PERSONNEL — BENEFITS The Legislature did not intend by the passage of Senate Bill No. 624 of the Second Regular Session, Thirty-fifth Oklahoma Legislature (1976) ( 70 Ohio St. 6-104 [ 70-6-104 ], 70 Ohio St. 6-104 .5 [ 70-6-104.5 ], 70 Ohio St. 6-105 [ 70-6-105 ] and 70 Ohio St. 6-105 A [ 70-6-105A ] (1976)) to destroy previously granted benefits to non-teacher or non-certified school district personnel. To hold otherwise would give rise to a serious...
