** SPECIAL ASSESSMENT — IMPROVEMENT DISTRICT ** (1) THE SPECIAL ASSESSMENT FOR WHICH THE PROVISION IS MADE IN 11 Ohio St. 39-101 [ 11-39-101 ] ET SEQ. (1981) (THE IMPROVEMENT DISTRICT ACT) IS NOT A TAX. (2) AN ASSESSMENT AGAINST CHURCH PROPERTY OR PROPERTY USED FOR RELIGIOUS PURPOSES MADE UNDER AUTHORITY OF THE IMPROVEMENT DISTRICT ACT IS NOT AN UNCONSTITUTIONAL INFRINGEMENT OF THE TAX EXEMPTION PROVIDED BY OKLAHOMA CONSTITUTION ARTICLE X , SECTION 6 ( 3 ) A MUNICIPALITY MUST INCLUDE CHURCH...
** LONGEVITY PAY — STATE EMPLOYEE — COMPUTATION ** AN STATE EMPLOYEE OF THE STATE OF OKLAHOMA, WHO IS OTHERWISE ELIGIBLE TO RECEIVE LONGEVITY PAY AS PROVIDED BY O.S.L. 1982, CH. 147 SECTION 4, MAY NOT INCLUDE, WHEN COMPUTING YEARS OF SERVICE, PERIODS OF STATE EMPLOYMENT PROCEEDING ANY INTERVAL OF THIRTY(30) DAYS OR MORE DURING WHICH SUCH PERSON WAS NOT EMPLOYED BY THE STATE OR ON LEAVE STATUS. (BREAK IN SERVICE, CONTINUOUS, UNBROKEN SERVICE, ELIGIBILITY, CLASSIFIED EMPLOYEES, UNCLASSIFIED...
** POLICE OFFICER — EMERGENCY — LOANED PERSONNEL ** MUNICIPAL POLICE OFFICERS MAY BE "LOANED" IN BOTH EMERGENCY AND NONEMERGENCY SITUATIONS TO THE SHERIFF'S DEPARTMENT FOR USE IN THE UNINCORPORATED PORTIO OF THE COUNTY. THEIR STATUS AND AUTHORITY WILL VARY DEPENDENT UPON THE APPLICATION OF 51 Ohio St. 6 [ 51-6 ] (1981). (POLICE PROTECTION, LOANED) CITE: 51 Ohio St. 6 [ 51-6 ], 11 Ohio St. 34-101 [ 11-34-101 ] (DENA L. BATES)
** EMBALMERS — LICENSE — EDUCATIONAL REQUIREMENTS ** (1) AN INDIVIDUAL WHOSE APPLICATION FOR AN EMBALMER OR FUNERAL DIRECTOR'S LICENSE IS DENIED BECAUSE THE INDIVIDUAL FAILS TO MEET THE MINIMUM EDUCATIONAL REQUIREMENT IS NOT AFFORDED AN APPELLATE REVIEW OF THE BOARD'S DECISION UNDER THE OKLAHOMA ADMINISTRATIVE PROCEDURES ACT, 75 Ohio St. 301 [ 75-301 ] ET SEQ. (1981) (2) WHETHER OR OTHER CIVIL REMEDIES, IF ANY, ARE AVAILABLE TO SUCH AN APPLICANT DEPENDS UPON WHICH CANNOT BE ADDRESSED IN AN...
OPINION — AG — ** PUBLIC TRUST — RETAIL OUTLET ** (1) THE GOVERNING BODY OF A CITY OR TOWN, ACTING AS TRUSTEES OF A PUBLIC TRUST UNDER 60 Ohio St. 176 [ 60-176 ] ET SEQ., IS PROHIBITED BY 60 Ohio St. 178 .4 [ 60-178.4 ], FROM AUTHORIZING THE TRUST TO ISSUE REVENUE BONDS TO FINANCE THE CONSTRUCTION OF A MOTEL AND RESTAURANT PROJECT, UNLESS THE PROJECT IS INCIDENTAL TO AND WILL BE OPERATED AS AN ADJUNCT OF AN INDUSTRIAL, MANUFACTURING, CULTURAL, RECREATIONAL, PARKING, TRANSPORTATION OR AIRPORT...
OPINION — AG — ** ALCOHOLIC BEVERAGES — CONSUMPTION — UNDER AGE OF 21, 18 ** (1) PURSUANT TO 37 Ohio St. 163 .11 [ 37-163.11 ] AND 37 Ohio St. 163 .20 [ 37-163.20 ], IT IS A CRIME FOR A TAVERN OWNER TO SELL BEER TO ANY PERSON UNDER 21 FOR ON PREMISES CONSUMPTION. HOWEVER, PURSUANT TO 37 Ohio St. 241 [ 37-241 ], 15 Ohio St. 13 [ 15-13 ], 10 Ohio St. 1101 [ 10-1101 ](A) ; ' CRAIG V. BOREN, 97 S.CT. 451 '; ' STATE V. BEVERAGE LICENSE NO. ABL-78-145, ET AL (ISSUED NOVEMBER 17, 1981) AND (STATE V....
OPINION — AG — ** PUBLIC TRUST — SECTARIAN INSTITUTION ** MONIES RAISED BY BONDS ISSUED BY A PUBLIC TRUST UNDER 60 Ohio St. 176 [ 60-176 ] MAY NOT LAWFULLY BE USED TO FINANCIALLY AID A SECTARIAN INSTITUTION. (PRIVATE INSTITUTION, RELIGIOUS, CHARITABLE, PUBLIC FUNDS, PRIVATE SCHOOL, PRIVATE CORPORATION) CITE: ARTICLE II, SECTION 5, 60 Ohio St. 176 [ 60-176 ], OPINION NO. 65-302, OPINION NO. 70-128, OPINION NO. OCTOBER 22, 1931, ARTICLE I, SECTION 5, OPINION NO. 65-163, ARTICLE X, SECTION 15,...
OPINION — AG — ** COUNTY SUPERINTENDENT OF SCHOOLS — STUDENT TRANSFER ** (1) WHETHER OR NOT A TRANSFERRING SCHOOL DISTRICT IS ENTITLED TO NOTICE OF HEARING UPON APPEAL OF THE DENIAL OF A EMERGENCY TRANSFER MUST BE DETERMINED ON A CASE BY CASE BASIS. (2) NONRENEWAL OF A TENURED TEACHER BASED ON A SCHOOL DISTRICT'S REDUCTION IN FORCE DOES 'NOT' BRING INTO PLAY THE APPEAL PROCEDURES ENCOMPASSED IN 70 Ohio St. 6-103 [ 70-6-103 ] ET SEQ. (3) 21 Ohio St. 846 [21-846], REQUIRES EVERY PERSON HAVING...
OPINION — AG — ** REGENTS OF HIGHER EDUCATION — PRIVATE SCHOOLS ** (1) THE PROVISIONS OF 70 Ohio St. 4101 [ 70-4101 ] — 70 Ohio St. 4105 [ 70-4105 ] WHICH, INTER ALIA, REGULATE PRIVATE, DENOMINATIONAL INSTITUTIONS OF HIGHER EDUCATION WITH RESPECT TO SECULAR ACTIVITIES, I.E, AWARDING ACADEMIC OR PROFESSIONAL DEGREES, DOES NOT VIOLATE ARTICLE XIIIA, SECTION 1, ARTICLE XIIIA, SECTION 4 OF THE OKLAHOMA CONSTITUTION. (2) NON ARBITRARY STATE REGULATION OF PRIVATE, DENOMINATIONAL OR OTHER INSTITUTIONS...
OPINION — AG — ** DATE OF INJURY — PENSION ** THE DATE OF INJURY IS THE DATE WHICH CONTROLS THE LAW TO BE USED FOR DETERMINING A CLAIMANT'S POLICE PENSION BENEFITS. (ELIGIBILITY, AMOUNT, BENEFITS, MUNICIPALITY, PAYMENT, GRATUITY, TIME, RETIREMENT) CITE: 11 Ohio St. 50-115 [ 11-50-115 ] (MICHAEL F. FOUTS)
OPINION — AG — ** REGISTERED DENTISTS — EDUCATIONAL REQUIREMENTS, ETC. ** (1) THE BOARD OF GOVERNORS OF REGISTERED DENTISTS HAS NO POWER TO DEFINE ANY ACT, OTHER THAN THOSE SET FORTH IN 59 Ohio St. 328 .19 [ 59-328.19 ](A) — 59 Ohio St. 328 .19 [ 59-328.19 ](R), INCLUSIVE, TO BE AN ACT CONSTITUTING THE PRACTICE OF DENTISTRY. (2) THE BOARD OF GOVERNS OF REGISTERED DENTISTS MAY ADOPT SUCH RULES AND REGULATIONS REGARDING THE AUTHORITY OF DENTAL ASSISTANTS AND DENTAL NURSES TO ASSIST DENTISTS IN...
OPINION — AG — ** LAW ENFORCEMENT RETIREMENT — PRIOR SERVICE ** WHEN AN EMPLOYEE MAKES THE PROPER PAYMENT FOR PRIOR SERVICE AS SET BY THE OKLAHOMA LAW ENFORCEMENT RETIREMENT BOARD PURSUANT TO 1981 O.S.L., CH. 227 SECT 3 ( 47 Ohio St. 2-302 [ 47-2-302 ](B)) THE EMPLOYEE'S MEMBERSHIP DATE IN THE OKLAHOMA LAW ENFORCEMENT RETIREMENT SYSTEM FOR THE PURPOSE OF DETERMINING HIS NORMAL RETIREMENT DATE BECOMES RETROACTIVE TO THE DATE OF HIS FIRST EMPLOYMENT. (PAYMENT FOR PRIOR SERVICE, RETIREMENT DATE,...
OPINION — AG — ** SPECIAL ASSESSMENT — CHURCH, RELIGIOUS — IMPROVEMENT DISTRICT ** (1) THE SPECIAL ASSESSMENT FOR WHICH PROVISION IS MADE BY 11 Ohio St. 39-101 [ 11-39-101 ] ET SEQ. (THE IMPROVEMENT DISTRICT ACT) IS 'NOT' A TAX. (2) AN ASSESSMENT AGAINST CHURCH PROPERTY OR PROPERTY USED FOR RELIGIOUS PURPOSES MADE UNDER THE AUTHORITY OF THE IMPROVEMENT DISTRICT ACT IS 'NOT' UNCONSTITUTIONAL INFRINGEMENT OF THE TAX EXEMPTION PROVIDED BY OKLAHOMA CONSTITUTION ARTICLE X , SECTION 6 . (3) A...
OPINION — AG — ** PROPERTY AND CASUALTY — FILE FOR ELECTIVE OFFICE ** 36 Ohio St. 331 [ 36-331 ], WHICH RESTRICTS A MEMBER OF THE STATE BOARD FOR PROPERTY AND CASUALTY RATES FROM FILING FOR PUBLIC OFFICE WITHIN TWO (2) YEARS FROM THE TIME HIS SERVICE WITH THE BOARD ENDS IS A PROPER VALID EXERCISE OF LEGISLATIVE AUTHORITY. (PUBLIC OFFICERS, CANDIDATES, ELECTED OFFICERS, TERM OF OFFICE) CITE: 36 Ohio St. 331 [ 36-331 ], ARTICLE III, SECTION 3, ARTICLE V, SECTION 17 (JAMES B. FRANKS)
OPINION — AG — ** PUBLIC SCHOOL DISTRICT — CONTRACTS ** A LOCAL SCHOOL DISTRICT MUST HAVE WRITTEN CONTRACT WITH ANY SUPPORT EMPLOYEE WHERE THE REMUNERATION FOR SERVICES EXCEEDS FIVE HUNDRED DOLLARS ($500.00) (SALARY, SCHOOLS COLLECTIVE BARGAINING, EXPENDITURE, CONTRACT, PERSONNEL) CITE: 70 Ohio St. 5-123 [ 70-5-123 ] (KAY HARLEY JACOBS)
OPINION — AG — ** SALES TAXES — CONSTRUCTION — SCHOOL DISTRICT ** THE EXEMPTION FROM THE STATE SALES TAX CONFERRED BY THE PROVISIONS OF 68 Ohio St. 1356 [ 68-1356 ], IS AVAILABLE ONLY TO A PERSON WITH WHOM A PUBLIC SCHOOL DISTRICT, OR OTHER ENTITY ENUMERATED IN THE STATUTE HAD ENTERED INTO A PUBLIC CONTRACT PURSUANT TO LAW. (TAXATION, REVENUE, PURCHASES, SUBCONTRACTOR) CITE: 68 Ohio St. 1356 [ 68-1356 ], 68 Ohio St. 1356 [ 68-1356 ](H) (PATRICK W. WILLISON)
OPINION — AG — ** TRADE NAME — UNIVERSITIES — USE OF ** WHETHER A STATE UNIVERSITY IN OKLAHOMA MAY, BY RULE OR REGULATION, REQUIRE AN INDIVIDUAL OR FIRM USING THE NAME OF THE INSTITUTION TO PAY A ROYALTY FOR THE USE OF THE NAME DEPENDS UPON THE PECULIAR FACTS ASSOCIATED WITH THE PARTICULAR USE THE UNIVERSITY SEEKS TO REGULATE, AND THE PROPRIETY OF ANY SUCH RULE OR REGULATION CANNOT BE DETERMINED AS A MATTER OF LAW. (CORPORATE NAMES, TRADE NAMES, PALMING OFF, UNFAIR COMPETITION, COLLEGES,...
OPINION — AG — ** REFUNDS — CONTRIBUTIONS — PENSIONS ** (1) REFUND TO FIREFIGHTERS OF PAYROLL CONTRIBUTIONS WHICH WERE MADE TO THE PENSION FUND IN EXCESS OF THAT AMOUNT REQUIRED OR AUTHORIZED BY LAW IS PROHIBITED; (2) " HOLIDAY PAY " WHICH IS PAID AT SPECIFIED AND REGULAR INTERVALS REGARDLESS OF WHETHER A FIREFIGHTER EXERCISES ANY DISCRETION IN CHOOSING TO WORK TO TAKE PAY IN LIEU OF TIME OFF OF WORK IS SALARY WITHIN THE MEANING OF 11 Ohio St. 49-106 [ 11-49-106 ] 11 Ohio St. 49-107 [ 11-49-107...
OPINION — AG — ** CHARTIABLE ORGANIZATIONS — EXEMPTIONS ** A CHARITABLE ORGANIZATION `IS' ENTITLED TO CLAIM AN EXEMPTION FROM STATE REGISTRATION REQUIREMENTS PURSUANT TO 18 Ohio St. 552 .4 [ 18-552.4 ](5), ONLY IF ITS TOTAL COLLECTIONS FROM CHARITABLE SOLICITATIONS, NOT JUST ITS IN STATE COLLECTIONS, DO NOT EXCEED TEN THOUSAND ($10,000) (NON PROFIT, CORPORATIONS, ORGANIZATIONS, CONTRIBUTIONS, REGISTERED, STATE REQUIREMENTS) CITE: 18 Ohio St. 552 .3 [ 18-552.3 ](A), 18 Ohio St. 552 .4 [ 18-552.4...
OPINION — AG — ** PROFESSIONAL CORPORATIONS — SCHOOL BOARD — COLLECTIVE BARGAINING ** PROFESSIONAL ORGANIZATIONS REPRESENTATING PROFESSIONAL EDUCATORS IN EMPLOYER EMPLOYEE NEGOTIATIONS WITH LOCAL SCHOOL BOARDS, UNDER 70 Ohio St. 509 .1 [ 70-509.1 ] ET SEQ., AS AMENDED, ARE 'NOT' PROHIBITED FROM DESIGNATING PERSONS NOT EMPLOYEES OF THE SCHOOL DISTRICT TO ACT AS NEGOTIATORS, CONSULTANTS, OR MEMBERS OF A TEAM INVOLVED IN THE COLLECTIVE BARGAINING NEGOTIATIONS. THOSE PROFESSIONAL ORGANIZATIONS IN...
