OPINION — AG — ** OUT OF STATE MANUFACTURERS — BIDDING PREFERENCE ** UNDER A PLAIN READING OF 74 Ohio St. 85 .32 [ 74-85.32 ] IF A CORPORATION INCORPORATED IN THIS STATE SELLS A PRODUCT MANUFACTURED IN ANOTHER STATE, IT WILL NOT MEET THE THREE (3) REQUIREMENTS EXPRESSED IN 74 Ohio St. 85 .32 [ 74-85.32 ](B), QUALIFYING IT AS A CORPORATION OFFERING A PRODUCT WHICH IS DEEMED MANUFACTURED, PRODUCED, OR GROWN IN THIS STATE AND THEREBY QUALIFYING IT AS A CORPORATION ENTITLED TO STATUTORY PREFERENCE...
OPINION — AG — ** OKLAHOMA DEPARTMENT OF TRANSPORTATION — CONTRACTORS — AGREEMENT — ARBITRATION ** (1) THE OKLAHOMA TRANSPORTATION COMMISSION DOES HAVE LAWFUL AUTHORITY, UNDER 69 Ohio St. 303 [ 69-303 ] — 69 Ohio St. 304 [ 69-304 ] TO PROMULGATE ADMINISTRATIVE RULES AND REGULATIONS REQUIRING CONTRACTORS DOING BUSINESS WITH THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO A BINDING ARBITRATION AGREEMENT FOR THE RESOLUTION OF DISPUTED CLAIMS AS A CONDITION OF DOING BUSINESS WITH DEPARTMENT. (2)...
RE: REDEVELOPMENT AREA BOARD OF TRUSTEES ATTORNEY GENERAL HENRY HAS AUTHORIZED ME TO RESPOND TO YOUR REQUEST FOR ADVICE REGARDING WHETHER IT WOULD BE A PER SE CONFLICT OF INTEREST FOR A MEMBER OF A BOARD OF TRUSTEES GOVERNING A PUBLIC TRUST THAT OVERSEES A REDEVELOPMENT AREA, AS PERMITTED IN 11 Ohio St. 40-112 (1981), TO OWN PROPERTY IN THAT AREA, THROUGH THIS INFORMAL LETTER. IN CONFIRMATION OF MY PRIOR TELEPHONIC CONVERSATION WITH YOU ON THIS SUBJECT, THE MERE FACT THAT SUCH A BOARD MEMBER...
OPINION — AG — ** PEANUT COMMISSION — "STATE AGENCY" — LEGAL REPRESENTATION ** (1) THE OKLAHOMA PEANUT GROWERS ASSOCIATION, CREATED PURSUANT TO 2 Ohio St. 1103 [2-1103] IS A NON GOVERNMENTAL, PRIVATE ORGANIZATION, WHICH IS NOT A STATE AGENCY. (2) THE OKLAHOMA PEANUT GROWERS ASSOCIATION AND/OR ITS MEMBERS, AS SUCH, ARE `NOT' ENTITLED TO THE LEGAL REPRESENTATION OF THE ATTORNEY GENERAL IN CIVIL ACTIONS, SINCE THAT ENTITY IS NOT AN AGENCY OF STATE GOVERNMENT. THE OKLAHOMA PEANUT COMMISSION, AS AN...
RE: CONFLICT OF INTEREST LAWS ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF NOVEMBER 18, 1988, IN WHICH YOU ASK FOR ADVICE REGARDING THE PROPRIETY OF YOUR CONTINUING TO ACT IN CERTAIN PUBLIC AND PRIVATE CAPACITIES, ONCE YOU ARE SWORN IN AS A CORPORATION COMMISSION MEMBER. HE HAS AUTHORIZED ME TO PERSONALLY RESPOND TO YOU ON HIS BEHALF THROUGH THIS INFORMAL LETTER. PLEASE BE PRELIMINARILY ADVISED THAT YOU SHOULD NOT CONSIDER THIS LETTER TO BE A FORMAL, BINDING OPINION OF THE ATTORNEY...
RE: MUNICIPAL CONTRACTS WITH PRIVATE ENTITIES ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF JUNE 15, 1988, REQUESTING INFORMAL ADVICE AS TO THE ABILITY OF A MUNICIPALITY TO ENTER INTO A CONTRACTUAL ARRANGEMENT WITH A PRIVATE, NONPROFIT ORGANIZATION FOR THE PURPOSE OF HELPING TO FUND A CENTER FOR BATTERED WOMEN IN THE MUNICIPALITY. HE HAS AUTHORIZED ME TO PERSONALLY RESPOND TO YOU ON HIS BEHALF THROUGH THIS INFORMAL LETTER. PLEASE NOTE, IN THIS REGARD, THAT THIS LETTER MAKES NO ATTEMPT TO...
RE: RAMO ELECTRIC COOPERATIVE TAXABILITY STATUS ATTORNEY GENERAL HENRY HAS RECEIVED YOUR RECENT LETTER ASKING FOR AN OFFICIAL OPINION AS TO THE TAX EXEMPT STATUS OF "KAMO ELECTRIC COOPERATIVE," AN ENTITY DESCRIBED IN THE MATERIALS ACCOMPANYING YOUR LETTER AS A NON-PROFIT CORPORATION. HE HAS AUTHORIZED ME TO PERSONALLY RESPOND TO YOU ON HIS BEHALF. PLEASE BE ADVISED THAT THIS OFFICE CANNOT RESPOND TO YOUR LETTER WITH THE ISSUANCE OF A FORMAL OPINION FOR TWO REASONS. FIRST, THE QUESTION YOU POSE...
RE: SCHOOL BUS PURCHASING ATTORNEY GENERAL HENRY HAS AUTHORIZED ME TO RESPOND TO YOU ON HIS BEHALF REGARDING YOUR CONCERNS RAISED ABOUT THE ABILITY OF AN IN-STATE SCHOOL BUS VENDOR BEING ABLE TO DIRECTLY SUBMIT BIDS TO A SCHOOL DISTRICT. THE FOLLOWING INFORMATIONAL LETTER IS TRANSMITTED FOR YOUR USE. UNDER 70 Ohio St. 9-103 (1981), THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT AUTHORIZED TO FURNISH TRANSPORTATION TO SCHOOL CHILDREN MAY PURCHASE AND MAINTAIN SUITABLE VEHICLES FOR THIS USE. ALL...
Dear Representatives, Davis ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: Does the Executive Branch Reform Act of 1986, codified at 74 O.S. 10.1 (1987) et seq, empower cabinet secretaries to exercise administrative authority or any other type of authority, over constitutional or statutory agencies, boards, or commissions ¶ 1 Your question requires an exploration of the nature and scope of administrative power granted cabinet secretaries by the...
ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER ASKING FOR AN OFFICIAL OPINION REGARDING THE ABILITY OF A MUNICIPALITY TO MAINTAIN DRAINAGE SYSTEMS OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY. DUE TO THE INHERENT FACTUAL DEPENDENCY OF ANY ANSWER TO YOUR QUESTIONS, IT HAS BEEN DETERMINED THAT THIS OFFICE CANNOT ISSUE A FORMAL, BINDING OPINION ON THIS AREA. HOWEVER, THE FOLLOWING INFORMATION IS PROVIDED FOR YOUR USE AND FUTURE REFERENCE. ARTICLE XVI , SECTION 3 OF THE OKLAHOMA CONSTITUTION...
Dear Representative Cotner, ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: 1. In view of the prospective nature of 18 Ohio St. 1144 (1987), would a corporation, which owned a recorded interest in real property prior to the effective date of the statute, but which merges, consolidates or changes its name after November 1, 1987, be required to comply with the statute 2. Would a corporation, which merged, consolidated or changed its name before...
RE: METROPOLITAN AREA PLANNING COMMISSION DISSOLUTION ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF MARCH 31, 1988, ASKING FOR A FORMAL OPINION CONCERNING THE MANNER BY WHICH A METROPOLITAN AREA PLANNING COMMISSION CAN BE DISSOLVED. HE HAS AUTHORIZED ME TO PERSONALLY RESPOND TO YOU ON HIS BEHALF. PLEASE BE ADVISED THAT THIS OFFICE HAS PRELIMINARILY REVIEWED THIS QUESTION AND HAS DETERMINED THAT IT SIMPLY CANNOT BE ANSWERED AS A MATTER OF LAW. AS YOU ARE NO DOUBT AWARE, THE LEGISLATURE HAS...
Dear President Pro Tempore, Cullison ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: In calculating the time period announced in 70 Ohio St. 3910 (1987), which precludes a board of regents in the State System of Higher Education from contracting or otherwise obtaining the services of an independent accounting firm or individual to perform financial audits for an institution for more than five (5) consecutive years, do services rendered prior to the...
AFTER HAVING BEEN OUT OF THE OFFICE FOR A WEEK WITH THE FLU, THEN ANOTHER WEEK ON BUSINESS, I AM FINDING IT DIFFICULT TO PLAN A TIME WHEN I CAN GET AWAY TO DISCUSS WITH YOU THE AD VALOREM TAX PROBLEM WHICH HAS BEEN RAISED IN THE OPINION REQUEST FROM CLIF SCOTT, STATE AUDITOR AND INSPECTOR. INSTEAD, IT MAY BE BETTER FOR ME TO EXPLAIN TO YOU MY INITIAL CONCERNS, AND WE CAN DISCUSS WHY THEY ARE OR ARE NOT CORRECT AFTER YOU HAVE HAD TIME TO REVIEW THEM. I HAD BEGUN PREPARING A RESPONSE TO MR. SCOTT'...
RE: STAYS OF CERTIFICATES OF NEED UNDER 63 Ohio St. 1-857 (1987) ATTORNEY GENERAL HENRY HAS RECEIVED YOUR REQUEST FOR AN OFFICIAL OPINION REGARDING THE PROPER INTERPRETATION TO GIVE THE VERBIAGE OF 63 Ohio St. 1-857 (1987). HE HAS AUTHORIZED ME TO RESPOND TO YOU ON HIS BEHALF. IN REVIEWING THIS QUESTION, IT HAS BEEN BROUGHT TO OUR ATTENTION THAT THIS QUESTION IS CURRENTLY IMPLICATED BY A NUMBER OF PENDING LAWSUITS INVOLVING THE COMMISSION. IT HAS ALSO BEEN BROUGHT TO OUR ATTENTION THAT THE...
Dear Senate Miles-LaGrange, ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: Are the prohibitions against dual office-holding as provided in title 51 Ohio St. 6 (1988), violated when a public officer also serves as a presidential elector, pursuant to 26 Ohio St. 10-104 (1981) ¶ 1 Title 26 Ohio St. 10-101 (1981) et seq., provide the procedure for the nomination and election of presidential electors. Nominees for presidential electors are selected at...
Dear Representative Campbell, ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: Does the operation of a "criminal justice district" and the levying of an assessment to operate such a district which is permitted by 19 Ohio St. 903 .1 (1988) et seq., constitute the operation of a "local improvement" funded by a "special assessment" or is it an impermissible attempt to allow the levying of an ad valorem tax contrary to Okla. Const. Article X , Section 9...
Dear Representative Bastin, ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: 1. Is a municipal housing authority receiving Federal financial assistance required to file an audit annually with the clerk of the governing body of the municipality 2. If the answer to your first inquiry is in the affirmative, what is the penalty for failing to file such an audit and what recourse does a municipality have if the municipal housing authority fails to file...
ATTORNEY GENERAL HENRY HAS RECEIVED YOUR RECENT LETTER ASKING OF THE POTENTIAL APPLICATION OF STATE CONFLICT OF INTEREST LAWS. SPECIFICALLY, YOU ASK IN YOUR LETTER OF THE LEGALITY OF A PERSON GOING TO WORK FOR ONE OF THE SCHOOL DISTRICTS WITHIN A COUNTY WHEN THAT SAME PERSON HAS JUST BEEN ELECTED TO SERVE AS THE COUNTY SUPERINTENDENT OF SCHOOLS. YOU STATE THAT THE EMPLOYMENT TERM WOULD NOT EXTEND INTO THE PERSON'S ELECTED TERM OF OFFICE, BUT WOULD LAST ONLY FROM THE PRESENT UNTIL THE DAY BEFORE...
RE: TULSA CIVIL SERVICE COMMISSION JURISDICTION ATTORNEY GENERAL HENRY HAS ASKED ME TO PERSONALLY RESPOND TO YOU ON HIS BEHALF WITH REFERENCE TO YOUR REQUEST CONCERNING THE NOVEMBER, 1987 LEASE AGREEMENT BETWEEN THE CITY OF TULSA AND THE TULSA AIRPORT IMPROVEMENTS TRUST, AND ITS IMPACT UPON THE JURISDICTION OF THE TULSA CIVIL SERVICE COMMISSION OVER EMPLOYEES AFFECTED BY THE LEASE. I UNDERSTAND FROM THE MATERIALS ENCLOSED WITH YOUR LETTER THAT THE TULSA CITY ATTORNEY HAS FORMALLY ADVISED MR....
