OPINION — AG — ** FIRE PROTECTION DISTRICTS — LEGAL ACTION — LAWSUITS ** THE BOARD OF DIRECTORS OF A FIRE PROTECTION DISTRICT HAS THE AUTHORITY TO SETTLE LAWSUITS INVOLVING THE DISTRICT. (JUDGMENTS, COURT, TORT, COURT ACTION, AGENCY) CITE: 19 Ohio St. 901 .9 [ 19-901.9 ] (PATRICIA M. GERRITY)
OPINION — AG — ** BANK — HOLDING COMPANY — FINANCIAL ADVISOR ** (1) A CORPORATE SUBSIDIARY OF A BANK HOLDING COMPANY IS NOT ABSOLUTE FORBIDDEN FROM BIDDING ON BONDS OF A MUNICIPALITY WHEN A SUBSIDIARY OF THE SAME BANK HOLDING COMPANY, OR OTHER POLITICAL SUBDIVISION, REPRESENTED THE MUNICIPALITY OR POLITICAL SUBDIVISION IN THE PREPARATION OR HANDLING OF THE BOND ISSUE OR IN THE BOND PROCEEDINGS PURSUANT TO 62 Ohio St. 355 [ 62-355 ], UNLESS THE SUBSIDIARIES ARE MERE INSTRUMENTALITIES OR ADJUNCTS...
OPINION — AG — ** OKLAHOMA REAL ESTATE LICENSE CODE — BROKER — DISCOUNT COUPONS ** (1) 59 Ohio St. 858-312 [ 59-858-312 ](12), PROHIBITS ANY REAL ESTATE BROKER OR REAL ESTATE SALES ASSOCIATES FROM OFFERING DISCOUNT COUPONS ON HOUSEHOLD MERCHANDISE TO PURCHASERS OR PROSPECTIVE PURCHASERS OF REAL ESTATE LISTED BY THEM. (2) 59 Ohio St. 858-312 [ 59-858-312 ](12) DOES 'NOT' VIOLATE THE OKLAHOMA AND FEDERAL CONSTITUTION. (DUE PROCESS, PRIZE, DISCOUNT, INFLUENCE) CITE: 59 Ohio St. 858-101 [ 59-858-...
OPINION — AG — ** POLICE OFFICER — TRAINING — CERTIFICATION ** (1) PERSONS WHO HAVE NOT PREVIOUSLY BEEN CERTIFIED AS A POLICE OFFICER OR PEACE OFFICER BUT WHO WERE PERMANENTLY EMPLOYED AS SUCH PRIOR TO JULY 1, 1968, AND HAVE NOT BEEN SO EMPLOYED CONTINOUSLY WITH THE SAME LAW ENFORCEMENT AGENCY, 'ARE NOT' ENTITLED TO BE CERTIFIED BY THE COUNCIL ON LAW ENFORCEMENT EDUCATION AND TRAINING WITHOUT FIRST SUCCESSFULLY COMPLETING EITHER THE COUNCIL'S BASIC POLICE COURSE OR ANOTHER SIMILAR COURSE...
OPINION — AG — ** VEHICULAR DEATH — CRIMINAL SANCTIONS — DEFINITIONS — CRIME VICTIMS COMPENSATION ACT ** (1) A VEHICULAR DEATH WHILE OCCURS UNDER CIRCUMSTANCES MEETING THE LEGAL CRITERIA OF SECOND DEGREE MURDER, SUBSECTION I, IS AN INTENTIONAL AND WILLFUL ACT, THUS, FULLY COMPENSABLE UNDER THE OKLAHOMA CRIME VICTIMS COMPENSATION ACT, 21 Ohio St. 142 .1 [ 21-142.1 ] — 21 Ohio St. 142 .20 [ 21-142.20 ], AS AMENDED. (2) VICTIMS INJURED BY DRIVERS WHO OPERATE THEIR MOTOR VEHICLES IN A WILLFUL AND...
** FELONY — DRIVING WHILE UNDER THE INFLUENCE ** 47 Ohio St. 11-902 [ 47-11-902 ], WHICH AUTHORIZES THE USE OF A CONVICTION IN A MUNICIPAL COURT OF RECORD AS A PREDICATE TO FILING A SUBSEQUENT DUI CHARGE AS A FELONY IN DISTRICT COURT, DOES `NOT' VIOLATE THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION. (AFTER FORMER CONVICTION, MUNICIPAL COURT, DRIVING WHILE INTOXICATED, DRUNK DRIVING, ENHANCEMENT OF PUNISHMENT) CITE: 47 Ohio St. 11-902 [ 47-11-902 ](C), AMEND 14,...
OPINION — AG — ** CORPORATION COMMISSION — REGULATIONS — OIL AND GAS ** THE STATUTES GRANTING THE CORPORATION COMMISSION JURISDICTION OVER THE REGULATION OF OIL AND GAS PRODUCTION ARE NOT CONTRARY TO THE OKLAHOMA CONSTITUTION — ARTICLE IX, SECTION 19, ARTICLE IX, SECTION 25, TITLE 52 O.S., 17 Ohio St. 51 [ 17-51 ], 17 Ohio St. 56 [ 17-56 ] (POWERS, CORPORATIONS) (PATRICIA M. GERRITY)
OPINION — AG — ** PROPERTY ASSESSMENT — IMPROVEMENT DISTRICTS ** (1) THE STATE OF OKLAHOMA CAN BE REQUIRED TO PAY A PAVING ASSESSMENT HAD BEEN LEVIED AND THAT THE HOLDER OF THE BONDS MAY ENFORCE PAYMENT AGAINST THE STATE THROUGH REVERSE CONDEMNATION PROCEEDINGS UNDER 66 Ohio St. 53 [ 66-53 ] ET SEQ. (2) TO THE EXTENT THIS OPINION IS INCONSISTENT WITH A.G. OPINION AUGUST 10, 1949 — MCCLELLAN, OPINION NO. JUNE 5, 1954 — SITTEL, OPINION DECEMBER 3, 1955 — BOARD OF PUBLIC AFFAIRS, OPINION NO. 73-...
OPINION — AG — ** OPTOMETRISTS — DRUGS — OCULAR ABNORMALITIES ** (1) PURSUANT TO 59 Ohio St. 581 [ 59-581 ], OPTOMETRISTS MAY TREAT OCULAR ABNORMALITIES WITH DRUGS AS LONG AS THEY ARE TOPICALLY APPLIED AND DO NOT FALL IN THE CATEGORY OF CONTROLLED DANGEROUS SUBSTANCES AS SET FORTH IN 63 Ohio St. 2-101 [ 63-2-101 ] OF THE OKLAHOMA STATUTES. (2) PURSUANT TO THE SAME AUTHORITY AND THE AMENDED LANGUAGE OF 59 Ohio St. 353 .1 [ 59-353.1 ](7)(A), OPTOMETRISTS MAY PRESCRIBE THOSE DRUGS FOR THEIR...
OPINION — AG — ** PROPERTY TAX — AD VALOREM — MANUFACTURED HOMES ** THE PROPERTY TAX RELIEF PROVIDED IN 68 Ohio St. 5001 [ 68-5001 ] ET SEQ., AS AMENDED, APPLIES TO AN OTHERWISE ELIGIBLE INDIVIDUAL, WHO OWNS AND OCCUPIES A MANUFACTURED HOME LOCATED ON LAND OWNED BY ANOTHER. (MOBILE HOMES, PERSONAL PROPERTY, TAX RELIEF, DIRECT TAX CREDIT, REAL PROPERTY, REAL ESTATE) CITE: 68 Ohio St. 2404 [ 68-2404 ] 68 Ohio St. 5001 [ 68-5001 ] [ 68-5001 ], 68 Ohio St. 5001 [ 68-5001 ](3), 68 Ohio St. 5001 [ 68-...
OPINION — AG — ** AMBULANCE SERVICE — DISTRICTS — RESIDING ** (1) PURSUANT TO THE PROVISIONS OF ARTICLE X, SECTION 9(C)(I), ANYONE SERVED OUTSIDE AN AMBULANCE SERVICE DISTRICT MUST BE CHARGED THE ACTUAL COST FOR SUCH SERVICES BY THE DISTRICT, REGARDLESS OF THE LOCATION OF HIS OR HER RESIDENCE. (2) ARTICLE X, SECTION 9(C)(I) EMPOWERS THE BOARD OF TRUSTEES TO SET FEES FOR ANYONE WHO IS SERVED WITHIN THE DISTRICT WHETHER THAT PERSON IS A RESIDENT OR NONRESIDENT OF THE DISTRICT. THE BOARD IS NOT...
OPINION — AG — ** UNCLAIMED PROPERTY — ESCHEAT TO STATE — DEFINITIONS ** (1) OKLAHOMA'S UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT, 60 Ohio St. 651 [ 60-651 ] TO 60 Ohio St. 686 [ 60-686 ], AS AMENDED, IS CUSTODIAL IN NATURE THEREFORE, THE MONIES PLACED IN THE UNCLAIMED PROPERTY FUND ESTABLISHED PURSUANT TO THE ACT DO 'NOT' "ESCHEAT" TO THE STATE SO AS TO BE SUBJECT TO DEPOSIT IN THE STATE PUBLIC COMMON SCHOOL BUILDING EQUALIZATION FUND PURSUANT TO ARTICLE X , SECTION 32 OF THE OKLAHOMA...
OPINION — AG — ** MUNICIPALITY — JAILS — CHARGES ** (1) PURSUANT TO 74 Ohio St. 192 [ 74-192 ](A) — 63 Ohio St. 472 [ 63-472 ] AND APPLICABLE CASE LAW, A MUNICIPALITY IS LIABLE FOR THE MAINTENANCE AND EXPENSES OF ALL PRISONERS IT HOLDS IN CUSTODY, WITHOUT REGARD FOR THE TYPE OF CHARGES OR THE GROUNDS UPON WHICH THE PRISONERS ARE BEING HELD. (2) RESPONSIBILITY FOR THE DETENTION OF STATE LAW VIOLATORS ARRESTED BY MUNICIPAL POLICEMEN PENDING THE FILING OF FORMAL CHARGES BY THE COUNTY OR STATE IS A...
OPINION — AG — ** STUDENT — GRADES — DEPENDENT SCHOOL DISTRICT — TRANSPORTATION ** PURSUANT TO 70 Ohio St. 1-113 [ 70-1-113 ](E), IF A GRADE IS NOT OFFERED IN A DEPENDENT SCHOOL DISTRICT THEN THE STUDENT WOULD BE ENTITLED TO ATTEND THE INDEPENDENT SCHOOL WITHIN THAT TRANSPORTATION AREA AS DEFINED IN 70 Ohio St. 9-105 [ 70-9-105 ], WITHOUT THE APPROVAL OF THE LATTER SCHOOL DISTRICT. IF, HOWEVER, A STUDENT IN A DISTRICT OUTSIDE THE TRANSPORTATION AREA, THAT STUDENT WOULD HAVE TO OBTAIN EITHER A...
OPINION — AG — ** HORSE RACING COMMISSION — FINES — PENALTIES ** THE OKLAHOMA HORSE RACING COMMISSION DOES POSSESS AUTHORITY UNDER 3A O.S. 204 [ 3A-204 ](A)(17) TO ASSESS MULTIPLE FINES AGAINST AN INDIVIDUAL LICENSEE TOTALLING MORE THAN FIVE THOUSAND DOLLARS ($5,000) FOR MULTIPLE OFFENSES OCCURRING ON THE SAME DAY, SO LONG AS NO INDIVIDUAL FINE EXCEEDS FIVE THOUSAND DOLLARS ($5,000) (FINES, HONESTY, DISCIPLINE, CRIMINAL ACTIONS) CITE: 3A O.S. 200 [ 3A-200 ], 3A O.S. 203.7 [ 3A-203.7 ], 3A O.S....
OPINION — AG — ** ORGAN TRANSPLANT — DONATION — AUTHORITY ** (1) THE ANATOMICAL BOARD, CREATED PURSUANT TO 63 Ohio St. 91 [ 63-91 ] TO 63 Ohio St. 100 [ 63-100 ], — AS AMENDED, HAS BEEN DELEGATED AUTHORITY ONLY TO RECEIVE, DISTRIBUTE AND FINALLY DISPOSE OF UNCLAIMED DEAD HUMAN BODIES REQUIRED TO BE BURIED AT PUBLIC EXPENSE USED FOR HEALTH SCIENCE EDUCATION AND MEDICAL RESEARCH. (2) THE ANATOMICAL BOARD MAY BECOME A DONEE OF AN ANATOMICAL GIFT BUT THE BOARD HAS NO STATUTORY AUTHORITY TO CONSENT...
OPINION — AG — ** LICENSE TAG — MOTOR VEHICLE — MANUFACTURER'S FACTORY LIST PRICE ** (1) THE LICENSE FEE COLLECTED PURSUANT TO 47 Ohio St. 22 .5 [ 47-22.5 ](1) IS BASED SOLELY ON THE " FACTORY DELIVERED PRICE " OF AN AUTOMOBILE, AND " THE VALUE OF ALL EXTRA OR OPTIONAL EQUIPMENT " IS NOT TO BE CONSIDERED IN CALCULATING THE LICENSE FEE. (2) THE METHODOLOGY USED TO CALCULATE THE LICENSE FEE FOR AN AUTOMOBILE, AS SET FORTH IN 47 Ohio St. 22 .5 [ 47-22.5 ](1), MUST ALSO BE USED IN DETERMINING THE...
OPINION — AG — ** METROPOLITAN AREAS — DEFINITIONS — COMMUNITY MENTAL HEALTH SERVICES ** (1) THE WORDS " METROPOLITAN AREA " AS USED IN 63 Ohio St. 2123 .1 [ 63-2123.1 ] AND 43A O.S. 615 [43A-615] MEAN A REGION INCLUDING A CITY AND THE DENSELY POPULATED SURROUNDING AREAS THAT ARE SOCIALLY AND ECONOMICALLY INTEGRATED WITH IT. (2) " METROPOLITAN AREA " AS USED IN 63 Ohio St. 2123 .1 [ 63-2123.1 ] AND 43A O.S. 614 [43A-614] CAN INCLUDE MORE THAN ONE COUNTY. (MENTAL HEALTH, ALCOHOL, DRUG ABUSE AND...
OPINION — AG — ** PHYSICAL EXAMINATION — STATE EMPLOYEE — EMPLOYMENT ** 40 Ohio St. 191 [ 40-191 ], REGARDING PHYSICAL EXAMINATION FOR EMPLOYEES, IS NOT APPLICABLE TO THE STATE AND AGENCIES. (STATE EMPLOYEES, COSTS, FEES) CITE: 25 Ohio St. 1 [ 25-1 ], 25 Ohio St. 1 6 [ 25-16 ], 57 Ohio St. 510 [ 57-510 ] [ 57-510 ](2)(G), OPINION NO. 83-035 (F. ANDREW FUGITT)
OPINION — AG — ** ELECTION — COUNTY SUPERINTENDENT OF SCHOOLS ** (1) UNDER 70 Ohio St. 4-101 [ 70-4-101 ](A) AND 70 Ohio St. 3-104 [ 70-3-104 ](9), IN COUNTIES WITH A POPULATION GREATER THAN THREE HUNDRED THOUSAND (300,000), A PERSON WHO IS SEEKING NOMINATION, APPOINTMENT OR ELECTION TO THE OFFICE OF COUNTY SUPERINTENDENT OF SCHOOLS IS REQUIRED TO POSSESS A MASTERS DEGREE FROM A COLLEGE RECOGNIZED BY THE STATE BOARD OF EDUCATION. WHETHER SUCH A PERSON MUST ALSO HOLD AN "ACTIVE TEACHER'S...
