Attorney General Loving has received your letter requesting an Attorney General Opinion addressing, in effect, the following question: Does the Oklahoma Corporation Commission have jurisdiction pursuant to 17 Ohio St. 151 and 18 Ohio St. 863 (1991) to regulate not-for-profit rural water corporations which do not provide sewage disposal facilities Because your question may be answered by reference to controlling statutes and case law, the issuance of a formal opinion of the Attorney General is...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING WHETHER AN ELEMENTARY SCHOOL DISTRICT MUST SEEK APPROVAL FROM THE STATE BOARD OF EDUCATION BEFORE BEGINNING THE TRANSITION TO AN INDEPENDENT SCHOOL DISTRICT. BECAUSE YOUR QUESTION MAY BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES, THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. THEREFORE, THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION IN WHICH YOU ASKED, IN EFFECT: "DOES THE LEGISLATURE HAVE THE AUTHORITY TO AMEND 22 Ohio St. 18 (1993) TO PROVIDE AN ADDITIONAL CLASS OF PEOPLE AUTHORIZED TO SEEK EXPUNGEMENT OF THE RECORD OF A FELONY CONVICTION, AND WOULD EXPUNGEMENT REMOVE LIMITATIONS OTHERWISE IMPOSED ON THOSE PERSONS BY REASON OF A CONVICTION " YOUR QUESTION REFERS TO THE POSSIBILITY OF AN AMENDMENT, THE LANGUAGE OF WHICH...
Attorney General Loving has received your letter requesting an Attorney General's opinion addressing, in effect, the constitutionality of 60 Ohio St. 674 .1 (1991). Because your question may be answered by reference to controlling statutes and case law, the issuance of a formal opinion of the Attorney General is unnecessary. Further, an attorney general's opinion as to the constitutionality of a statute is advisory only. York v. Turpen, 681 P.2d 763 (Okla. 1984). The discussion which follows is,...
Attorney General Loving has asked me to respond to your recent request for an Attorney General opinion in which you asked, in effect: Does an independent medical examination performed by a licensed physician constitute an act which requires certification under the Hospital and Medical Services Utilization Review Act Because your question may be answered by a review of applicable law, this office has determined that your request should be answered in an informal letter. The discussion which...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING THE PERMISSIBILITY OF A COUNTY GOVERNMENT ENTERING INTO A LEASE-PURCHASE AGREEMENT WITH AN INDIAN NATION. BECAUSE YOUR QUESTION MAY BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES, THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE FOLLOWING ANALYSIS AND...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR LETTER REQUESTING AN OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION: WHETHER THE AGGREGATE AMOUNT OF A MIX OF AGRICULTURAL AND SMALL BUSINESS LINKED DEPOSIT LOANS ADMINISTERED BY THE STATE TREASURER IS CAPPED AT FIFTEEN PERCENT (15%) OF ALL INVESTABLE STATE FUNDS UNDER THE CONTROL OF THE STATE TREASURER OR WHETHER EACH CATEGORY, AGRICULTURAL OR SMALL BUSINESS, IS SUBJECT TO A SEPARATE FIFTEEN PERCENT (15) CAP OF ALL INVESTABLE STATE...
Attorney General Loving has asked me to respond to your recent request for an opinion concerning the following questions: 1) May a group, such as the Oklahoma Rural Water Association Assurance Group, acquire and hold title to real property in the name of the group 2) Does the Interlocal Cooperation Act require that a group of public agencies entering into an agreement pursuant to the Act, create a separate legal entity to hold title to real property for the group In that your questions can be...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING WHETHER AN ELEMENTARY SCHOOL DISTRICT MUST SEEK APPROVAL FROM THE STATE BOARD OF EDUCATION BEFORE BEGINNING THE TRANSITION TO AN INDEPENDENT SCHOOL DISTRICT. BECAUSE YOUR QUESTION MAY BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES, THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. THEREFORE, THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR LETTER REQUESTING AN OFFICIAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION: UNDER ARTICLE XXI OF THE OKLAHOMA SCHOOL CODE ("CODE"), SPECIFICALLY 70 Ohio St. 21-101 THROUGH 21-112, IS THE OKLAHOMA BOARD OF PRIVATE VOCATIONAL SCHOOLS ("BOARD") AUTHORIZED TO REQUIRE LICENSURE OF A BUSINESS OR PERSON THAT PROVIDES VOCATIONAL TRAINING TO EMPLOYEES OF A COMPANY THAT CONTRACTS WITH AND PAYS THE BUSINESS OR PERSON FOR THE VOCATIONAL...
Attorney General Loving has received your letter requesting an Attorney General's opinion addressing, in effect, the constitutionality of 60 Ohio St. 674 .1 (1991). Because your question may be answered by reference to controlling statutes and case law, the issuance of a formal opinion of the Attorney General is unnecessary. Further, an attorney general's opinion as to the constitutionality of a statute is advisory only. York v. Turpin, 681 P.2d 763 (Okla. 1984). The discussion which follows is,...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION IN WHICH YOU ASKED, IN EFFECT: IS A PREPAID DENTAL PLAN WHICH REQUIRING A COPAYMENT FROM THE INSURED AN INDEMNITY PLAN AND THUS SUBJECT TO THE LIMITATIONS OF 74 Ohio St. 1365 (1993) BECAUSE YOUR QUESTION MAY BE ANSWERED BY A REVIEW OF APPLICABLE LAW, THIS OFFICE HAS DETERMINED THAT YOUR REQUEST SHOULD BE ANSWERED IN AN INFORMAL LETTER. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION...
Dear Director, Clark ¶ 0 Attorney General Loving has received your letter requesting an Attorney General Opinion addressing, in effect, the following question: Must the budget of a multicounty library system established pursuant to Article X , Section 10A of the Oklahoma Constitution be approved by a county excise board ¶ 1 Article X , Section 10(a) of the Oklahoma Constitution establishes a funding mechanism for public libraries and provides in pertinent part: To provide funds for the purpose...
Attorney General Loving has asked me to respond to your request for an informal Attorney General opinion regarding whether the Oklahoma Wheat Utilization, Research and Market Development Commission ("Commission") may deduct a service fee for processing refunds. Therefore, the discussion which follows is not an official opinion of the Attorney General. Rather, the following analysis and conclusions, while solely my own, have been reached after careful research of the questions you have raised....
Attorney General Loving has asked me to respond to your request for an Attorney General's opinion addressing, in effect, the following question: Do the prohibitions contained in newly enacted 1994 Okla. Sess. Law, c. 229, 5, to be codified at 22 Ohio St. 1355 .15, which prohibit the Indigent Defense Board from approving payments of any claims for fines, attorney fees, or court costs resulting from "contempt citations issued to attorneys defending indigent clients", also prohibit the Executive...
THE ATTORNEY GENERAL HAS RECEIVED YOUR LETTER ASKING FOR AN OFFICIAL OPINION ADDRESSING THE FOLLOWING QUESTION: WHETHER A STATE LICENSED MECHANICAL CONTRACTOR OR JOURNEYMAN MUST ALSO HOLD A STATE ELECTRICAL CONTRACTOR OR JOURNEYMAN LICENSE WHEN INSTALLING LOW-VOLTAGE CONTROL WIRING WHICH RUNS FROM THE HEATING AND/OR AIR CONDITIONING UNIT(S) TO THE THERMOSTAT OR TO THE CONTROL INSTRUMENTATION FOR THE HEATING AND/OR AIR CONDITIONING SYSTEMS. THE ATTORNEY GENERAL HAS ASKED ME TO RESPOND TO YOUR...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO MR. DEMPS' REQUEST FOR AN INFORMAL OPINION REGARDING WHETHER THE LANGUAGE OF 21 Ohio St. 852 (1993) PREVENTS THE STATE FROM INTERVENING AND PROVIDING MEDICAL SERVICES TO A CHILD IN RELIGIOUS EXEMPTION CASES WHENEVER A CHILD'S HEALTH OR WELFARE IS THREATENED. BECAUSE MR. DEMPS' QUESTION CAN BE ANSWERED BY REFERENCE TO CONTROLLING STATUTES AND CASE LAW, THE ISSUANCE OF A FORMAL OPINION OF THE ATTORNEY GENERAL IS NOT NECESSARY. THE DISCUSSION...
Attorney General Loving has received your letter requesting an official Attorney General Opinion addressing, in effect, the following questions: 1. Under 74 O.S. 917(7) (1993), is Delaware County responsible for remitting payment to the Oklahoma Public Employees Retirement System for any retirement contributions that the County failed to remit on behalf of one of its full-time employees for a twenty-two (22) month period in 1970 — 1972, so as to allow the county employee early retirement 2....
Attorney General Loving has asked me to respond to your request for an opinion addressing, in effect, the following question: Does 29 Ohio St. 4-202 (1991) prevent the issuance of a hunting and fishing license over the telephone by credit card if the purchaser is given a coded license number to use temporarily until a hard copy is received by mail, and a postage and handling charge for mailing is assessed the buyer at the time of the credit card purchase Because your question may be answered...
Attorney General Loving has asked me to respond to your request for an Attorney General opinion regarding several issues concerning maternity leave for school administrators. Because your questions may be answered by reference to controlling statutes, this office has determined your request should be answered through this informal letter. The discussion which follows is not an official opinion of the Attorney General. Rather, the following analysis and conclusions, while solely my own, have...
