** PART I ** RE: REQUEST FOR AN OPINION RELATING TO THE COMMISSIONERS OF THE LAND OFFICE'S AUTHORITY UNDER SECTION 11 OF SENATE BILL NO. 37, 1989 SESSION LAW, CH., P. ATTORNEY GENERAL HENRY HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN OPINION REGARDING THE CONSTITUTIONAL PROPRIETY OF SECTION 11 OF SENATE BILL NO. 37, 1989 OKLA. SESS. LAWS, CH. P.. AS YOU KNOW, FROM YOUR CONVERSATIONS WITH OUR FIRST ASSISTANT, SUSAN LOVING, THE QUESTION YOU POSED IS NOT ONE THAT LENDS ITSELF TO THE...
ATTORNEY GENERAL ROBERT HENRY HAS ASKED ME TO RESPOND TO YOUR LETTER DATED MARCH 2, 1989, REQUESTING THE OPINION OF THE ATTORNEY GENERAL AS TO SEVERAL QUESTIONS PERTAINING TO THE DUTY OF PUBLIC TRUSTS UNDER THE OKLAHOMA OPEN RECORDS ACT, 51 Ohio St. 24A .1 (1988) ET SEQ. FOR SEVERAL REASONS THE QUESTIONS YOU POSED CANNOT BE RESOLVED THROUGH A FORMAL OPINION OF THE ATTORNEY GENERAL. THAT DOES NOT MEAN, HOWEVER, THAT THIS OFFICE CANNOT BE OF ASSISTANCE TO YOU. IT SHOULD BE EMPHASIZED, OF COURSE,...
RE: FILING HOURS ATTORNEY GENERAL HENRY HAS RECEIVED YOUR RECENT LETTER ASKING FOR ADVICE AS TO YOUR PREROGATIVES CONCERNING ACCEPTING FILINGS AFTER REGULAR COURT HOUSE HOURS. HE HAS ASKED ME TO RESPOND TO YOU ON HIS BEHALF. PLEASE BE ADVISED THAT THIS OFFICE CANNOT RENDER FORMAL LEGAL ADVICE TO YOU, AS STATE LAW ONLY AUTHORIZES US TO RESPOND TO LEGAL QUESTIONS POSED BY CERTAIN STATE OFFICERS. HOWEVER, I HOPE THAT THE FOLLOWING INFORMATION IS OF SOME ASSISTANCE TO YOU. JUST RECENTLY, THE...
** PART II ** POWER OF THE COMMISSIONERS OF THE LAND OFFICE TO EXPEND PROCEEDS FROM LEASING SCHOOL LAND TRUST PROPERTY TO IMPROVE AND DEVELOP TRUST PROPERTY SHORTLY AFTER STATEHOOD, A CONTROVERSY DEVELOPED REGARDING WHETHER THE STATE, IN MANAGING THE TRUST LANDS AND MONEYS GRANTED TO IT IN THE ENABLING ACT, COULD EXPEND PROCEEDS FROM THE SALE, OR LEASING OF TRUST LAND TO DEFRAY THE EXPENSES INCURRED IN MANAGING THE TRUST PROPERTY. IN BETTS V. COMMISSIONERS OF THE LAND OFFICE, 110 P. 766 (OKLA....
THE ATTORNEY GENERAL HAS REQUESTED THAT I RESPOND TO YOUR REQUEST FOR AN OFFICIAL OPINION ASKING, IN EFFECT: WHETHER A CLUB, WHICH IS OPERATING IN A LEGAL FASHION IN A COUNTY WHICH ALLOWS THE SALE OF LIQUOR BY THE INDIVIDUAL DRINK AND RECOGNIZES DAYLIGHT SAVINGS TIME, MAY REFUSE TO RECOGNIZE DAYLIGHT SAVINGS TIME, THEREFORE STAYING OPEN ON HOUR LATER THAN THOSE CLUBS WHICH HAVE ADVANCED THEIR CLOCKS BY ONE HOUR. IT APPEARS THAT IT IS NOT NECESSARY TO RESPOND TO YOUR INQUIRY BY THE ISSUANCE OF A...
THE ATTORNEY GENERAL HAS ASKED ME TO RESPOND BY MEANS OF THIS LETTER TO YOUR OPINION REQUEST ASKING SEVERAL QUESTIONS ABOUT MILEAGE EXPENSES FOR COUNTY OFFICERS AND WHETHER OPINION NO. 84-103, RELATING TO FUNDING FARM AND HOME DEMONSTRATION SERVICES, IS STILL IN EFFECT. OPINION NO. 84-103, DISCUSSING THE ROLE OF THE COUNTY EXCISE-BOARD VIS-A-VIS THE BOARD OF COUNTY COMMISSIONERS IN THE FUNDING OF FARM AND HOME DEMONSTRATION SERVICE CONTRACTS, REMAINS A VALID AND EFFECTIVE OPINION ON THE...
Dear Representatives Vaughn ¶ 0 The Attorney General has received your letter asking for an official opinion addressing the following question: Is 72-6(E)(7) of the Insurance Department's Code of Oklahoma Regulations in violation of 36 Ohio St. 6055-36 O.S. 6057 (1988), either as these statutes exist now or as amended by House Bill No. 1102 of the 43rd Oklahoma Legislature, and especially in regard to medical treatment rendered by chiropractors ¶ 1 The statutes referred to in the question were...
RE: COUNTY SUPERINTENDENT OF SCHOOLS ATTORNEY GENERAL HENRY HAS ASKED ME TO RESPOND TO YOUR RECENT LETTER ASKING WHETHER THE OKLAHOMA LEGISLATURE HAS THE AUTHORITY TO "ABOLISH" THE OFFICE OF COUNTY SCHOOL SUPERINTENDENT. BECAUSE IT IS RELATIVELY CLEAR FROM A REVIEW OF THE RELEVANT LAW THAT THE LEGISLATURE HAS SUCH AUTHORITY, IT APPEARS THAT THERE IS NO UNRESOLVED ISSUE OF LAW THAT NEEDS TO BE ADDRESSED VIA AN OFFICIAL OPINION OF THE ATTORNEY GENERAL AND THAT YOUR REQUEST CAN BE HANDLED MOST...
RE: TORT/CIVIL RIGHTS LIABILITY ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF FEBRUARY 6, 1989, ASKING FOR THE ISSUANCE OF AN OFFICIAL OPINION CONCERNING THE POTENTIAL LIABILITY OF THE DISTRICT ATTORNEY'S OFFICE AS TO THE CARE AND CUSTODY OF AUTOMOBILES SEIZED AND INTENDED FOR FORFEITURE ACTIONS. UNFORTUNATELY, THIS OFFICE CANNOT ISSUE A FORMAL OPINION IN RESPONSE TO YOUR INQUIRY FOR TWO REASONS. FIRST, UNDER THE TERMS OF 74 O.S. 18B(D) (1988), THIS OFFICE IS AUTHORIZED TO RENDER FORMAL...
THE ATTORNEY GENERAL HAS REFERRED TO ME YOUR LETTER CONCERNING THE LETTER YOU RECEIVED FROM MR. RUBEN GRAY. I SPOKE TODAY WITH MR. BILL HOLLINS OF THE OKLAHOMA CORPORATION COMMISSION' S TELEPHONE DIVISION, CONCERNING MR. GRAY'S INQUIRY AS-TO WHETHER A TELEPHONE COMPANY IS REQUIRED TO PRORATE LATE CHARGES WHEN PAYMENT ON A PHONE BILL IS LESS THAN A MONTH LATE. MR. HOLLINS INFORMED ME THAT UNDER COMMISSION RULES GOVERNING THE TELEPHONE INDUSTRY, THE PHONE COMPANY IS NOT REQUIRED TO PRO-RATE LATE...
ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF JANUARY 26, 1989 CONCERNING THE PROPER CONSTRUCTION OF THE STATUTES GOVERNING THE GRANTING OF MILITARY SERVICE CREDITS FOR USE AS PARTICIPATING SERVICE CREDITS IN THE OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM (OPERS). DUE TO THE FACT THAT THERE ARE PENDING MATTERS REGARDING THIS AREA CURRENTLY IN ADMINISTRATIVE LITIGATION BEFORE OPERS, IT IS NOT POSSIBLE AT THIS TIME TO ISSUE A FORMAL OPINION AS REQUESTED. HOWEVER, ATTORNEY GENERAL HENRY HAS...
Dear Senate, Snyder ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: Does 74 Ohio St. 841 .10 (E) (1988) prohibit employment agencies from receiving a fee from job applicants referred to and placed with state agencies ¶ 1 The Oklahoma Personnel Act (the Act), 74 Ohio St. 840 .1 (1988) et seq., was adopted by the Legislature in 1982, with the purpose as stated in 74 Ohio St. 840 .2, as follows: It is the purpose of this act to protect the public from...
RECENTLY, YOU REQUESTED AN ATTORNEY GENERAL OPINION ON THE APPLICABILITY OF THE SALES TAX EXEMPTIONS CODIFIED AT 68 O.S. 1356(I) (1989). YOUR LETTER ALSO ASKS, SHOULD WE ANTICIPATE A NEGATIVE REPLY TO ANY OF THE FIRST THREE OF THE FIVE QUESTIONS YOU POSE, THAT WE ADVISE YOU OF THAT FACT PRIOR TO THE ISSUANCE OF A FORMAL OPINION. SINCE THE BEGINNING OF HIS ADMINISTRATION, ATTORNEY GENERAL HENRY HAS BEEN EXTREMELY RELUCTANT TO NOTIFY ANY OPINION REQUESTOR OF THE LIKELY OUTCOME OF A PARTICULAR...
RE: TULSA CITY CHARTER OPINION REQUEST ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF FEBRUARY 6, 1989, ASKING FOR THE ISSUANCE OF AN OFFICIAL OPINION CONSTRUING THE TERMS OF THE TULSA CITY CHARTER AND FOR AN INTERPRETATION OF STATE LAW AS IT MIGHT AFFECT THE CHARTER ELECTION THAT IS CURRENTLY SCHEDULED TO BE HELD IN TULSA NEXT WEEK. HE HAS AUTHORIZED ME TO PERSONALLY RESPOND TO YOU ON HIS BEHALF THROUGH THIS INFORMATIONAL LETTER. I NOTE THAT YOUR REQUEST IS SIGNED BY A NUMBER OF...
RE: CONFLICT OF INTEREST QUESTION ATTORNEY GENERAL HENRY HAS ASKED ME TO RESPOND TO YOUR RECENT LETTER REQUESTING THE ATTORNEY GENERAL TO REVIEW CERTAIN MATERIALS YOU HAVE PROVIDED IN SUPPORT OF YOUR INQUIRY. THE ONLY QUESTION EXPRESSLY RAISED IN YOUR LETTER IS THE FOLLOWING: IS IT APPROPRIATE FOR MR. PAULSEN TO BE IN A SITUATION THAT MIGHT INCREASE THE VALUE OF AMERICAN FIRST CORPORATION STOCK AND ENHANCE DOUGLAS FIFE'S FINANCIAL SITUATION THE ATTORNEY GENERAL DOES NOT, OF COURSE, ISSUE...
Dear Senate Stipe, ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: Under the terms of 21 Ohio St. 481 (1981), in the event that a person is elected to be a county commissioner, must all relatives who are within the third degree of consanguinity or affinity to that person and who are at that time current employees of the county resign their positions or employments ¶ 1 Title 21 Ohio St. 481 (1981) sets forth Oklahoma's criminal provisions generally...
Dear Representatives Bastin, ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: Are "nursing homes" considered "residential care facilities" which would require them to submit to the O.S.B.I. for destruction all controlled dangerous substances which are out of date, unwanted, unused, or abandoned by their owners due to death or other circumstances while such owner resides at a nursing home, under the provisions of Enrolled Senate Bill No. 391 of the...
Dear Representatives Cozort, ¶ 0 The Attorney General has received your request for an official opinion asking, in effect: 1. Does 11 Ohio St. 10-112 's (1981) requirement that a city manager reside in the city of appointment during the tenure of the city manager's office conflict with 11 Ohio St. 22-127 (1981), which permits a municipal governing body to decide which appointed officers and employees must reside within the city 2. If 11 Ohio St. 10-112 (1981) prevails, does this statute...
RE: DUAL OFFICE HOLDING QUESTIONS ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF FEBRUARY 23, 1989, ASKING FOR THE ISSUANCE OF A FORMAL OPINION ADDRESSING CERTAIN DUAL OFFICE HOLDING CONCERNS THAT YOU RAISE RELATIVE TO A PERSON WHO WOULD DESIRE TO HOLD BOTH THE POSITION OF DEPUTY COUNTY SHERIFF AND THE POST OF A LOCAL SCHOOL BOARD MEMBER. AS THE LAW IN THIS AREA IS RELATIVELY CLEAR, THE ATTORNEY GENERAL HAS AUTHORIZED ME TO REPLY TO YOU WITH THIS INFORMATIONAL LETTER. TITLE 51 Ohio St. 6 (...
RE: GOVERNMENTAL TORT CLAIMS ACT ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF FEBRUARY 3, 1989, ASKING FOR AN OFFICIAL OPINION CONCERNING THE APPLICATION OF THE GOVERNMENTAL TORT CLAIMS ACT TO THE BOARD OF REGENTS. PLEASE BE ADVISED THAT THIS OFFICE CANNOT OPEN A FILE IN RESPONSE TO YOUR REQUEST AT THIS TIME. IT HAS BEEN A LONGSTANDING POLICY OF THIS ADMINISTRATION THAT NO FORMAL OPINION WILL BE ISSUED IN RESPONSE TO REQUESTS TENDERED BY BOARDS OR AGENCIES WITH INTERNAL LEGAL COUNSEL...
