Dear Oklahoma House of Representatives Webb ¶ 0 This office has received your request for an Attorney General Opinion in which you asked, in effect, the following questions: 1. In view of 70 O.S.Supp. 1994, § 5-117.5[ 70-5-117.5 ] and § 5-141, if a school district does not participate in the health insurance plan offered by the State and Education Employees Group Insurance Act ("SEEGIA"), may the district pay a greater premium for the superintendent of the school district than the premium paid...
Dear Executive Director Hare: ¶ 0 This office has received your request for an Attorney General Opinion in which you ask the following question: When a racetrack at which fair meets are conducted operates as an inter-track wagering facility by accepting wagers on simulcast races from another racetrack licensed by the Oklahoma Horse Racing Commission or by accepting wagers on out-of-state races having a gross purse of $50,000 or more, and such wagers are accepted when no fair meet is being...
The Attorney General has received your letter requesting an opinion addressing, in effect, the following question: Does the State Treasurer have authority, pursuant to 62 Ohio St. 516 .2 to reject all surety company bonds posted to secure deposits of public funds in state depository banks Your question may be answered by referenced to controlling statutes and case law, therefore, the issuance of a formal opinion of the Attorney General is not necessary. The discussion which follows is,...
Dear District Attorney Stocker: ¶ 0 This office has received your request for an Attorney General Opinion regarding, in effect, the following question: Do "casino nights" operated by a non-profit, charitable organization, such as a church, school, chamber of commerce, fraternal organization or social club, violate either the general anti-gambling laws of Oklahoma, 21 Ohio St. 1991 and Supp. 1994, §§ 941, et seq., or the State anti-lottery laws, 21 O.S. 1991 and Supp. 1994, §§ 1051, et seq.,...
Dear Representative Bastin, ¶ 0 This office has received your request for an Attorney General opinion addressing, in effect, the following questions: 1. Is the current Oklahoma Certified Real Estate Appraisers Act constitutional in its references to minimum standards as determined by the Appraiser Qualifications Board, an arm of the Appraisal Foundation 2. Has the Real Estate Appraiser Board impermissibly promulgated rules concerning examinations for certification when such rules are mandated...
Dear Senate Williams, ¶ 0 This office has received your letter asking for an official Opinion addressing, in effect, the following questions: 1. Does the Oklahoma Real Estate License Code or do the administrative rules of the Oklahoma Real Estate Commission prohibit a real estate licensee from truthfully advertising an association with a private professional real estate organization 2. If the first question is answered in the negative, does the Oklahoma Real Estate License Code or do the...
Dear Representatives Bastin, ¶ 0 This office has received your request for an Attorney General Opinion, in which you ask the following questions: 1. Was it the intent of the Legislature, in enacting the provisions of 74 O.S.Supp. 1994, § 840-2.14[ 74-840-2.14 ], which authorize the Governor to implement a "freeze in hiring," to have such freeze apply to the State Insurance Fund, created at 85 O.S. 1991. § 131 2. Do the provisions of 74 O.S.Supp. 1994, § 840-2.14[ 74-840-2.14 ], which...
Dear Director Duffy, ¶ 0 This office has received your request for an Attorney General Opinion regarding the following questions: 1. Does the Oklahoma Department of Wildlife Conservation have the authority to appoint reserve Game Wardens under Oklahoma Statutes, Title 29, Section 3-105 2. Is the Executive Order, dated August 20, 1976, which granted full police powers to Game Wardens, still in effect, and would reserve Game Wardens have the same authority I. ¶ 1 The Oklahoma Supreme Court, in...
Dear General Administrator Edwards ¶ 0 This office has received your letter asking for an official Opinion addressing, in effect, the following questions: 1. Are Corporation Commissioners executive officers, pursuant to Article VI of the Oklahoma Constitution, and if so, is the pay increase for state officers authorized by 74 O.S.Supp. 1994, § 250.4 , effective for all Corporation Commissioners beginning in January, 1995 2. Is the pay increase authorized by 74 O.S.Supp. 1994, § 250.4[ 74-250.4...
Dear Chairman Burleigh, ¶ 0 This office has received your request for an official Opinion addressing, in effect, the following questions: 1. Does exemption from licensure contained in 59 Ohio St. 1991 , § 1251 (C) apply exclusively to State agency employees 2. What is the definition of "facility" and what is considered a licensed health care facility 3. Does the exemption apply to all employees of health care facilities or only to those health care facilities licensed by the State 4. Does...
Dear Representatives McCorkell, ¶ 0 This office has received your letter requesting an Attorney General Opinion addressing, in effect, the following questions: 1. Is the scope of practice of a school psychologist certified by the Oklahoma State Department of Education considered as substantially equivalent to the scope of practice of a psychologist licensed to practice psychology under the Oklahoma Psychologists Licensing Act 2. Is the scope of practice of a school psychometrist certified by...
Dear Senate Fisher, ¶ 0 This office has received your requests for an Attorney General Opinion addressing, in effect, the following questions: 1. What is the effect, if any, of the amendment to 70 O.S.Supp. 1994, § 5-107A (B)(2), effective July 1, 1994, on a school board member elected from a "board district" prior to July 1, 1994, who ceased to be a resident of his or her "board district" before July 1, 1994 2. Is the effect, if any, of the 1994 amendment to 70 O.S.Supp. 1994, § 5-107A (B)(2)...
Dear Representatives, Don Ross, ¶ 0 This office has received your request for an Opinion addressing, in effect, the following question: Do the War Veterans Commission ("the Commission") and the Department of Veterans Affairs ("the Department") have authority to pay the salary of the Secretary for Veterans Affairs pursuant to the provisions of the Executive Branch Reform Act of 1986, 74 Ohio St. 1991 and Supp. 1994, §§ 10.1 et seq., or other applicable provision of law ¶ 1 The process for...
Attorney General Edmondson has asked me to respond to your request for an Attorney General's opinion regarding whether a home rule charter municipality may lawfully expend public funds to provide assistance to indigent residents of the municipality. Because your question may be answered by reference to controlling statutes, case law and Attorney General's Opinions, this office has determined your request should be answered through this informal letter. The discussion which follows is not an...
Dear District Attorney Sullivan, ¶ 0 This office has received your letter asking for an official Opinion addressing, in effect, the following question: When entering into a deferred prosecution agreement pursuant to 22 Ohio St. 1991 , §§ 305.1[ 22-305.1 ] et seq., may a condition of such agreement be that the accused pay an assessment to the revolving fund provided for at 63 O.S.Supp. 1994, § 2-506 (L)(3) which is maintained by district attorneys to use in their discretion for the "enforcement...
The Attorney General has asked that I respond to former Senator Vicki Miles-LaGrange's request for an opinion addressing the following questions: 1. Pursuant to 10 Ohio St. 609 (1994), does the Department of Human Services (DHS) have the authority to designate a private organization or private individual as a Youth Services Agency 2. Which section of title 10 of the Oklahoma Statutes, 10 Ohio St. 604 or 10 Ohio St. 609 , determines the entities with which DHS may enter into financial...
Dear Representative, Bob Weaver, ¶ 0 This office has received your letter asking for an official Opinion addressing the following questions: 1. May a county hospital be leased to a private entity without voter approval as set out in 19 Ohio St. 1991 , § 789[ 19-789 ] 2. May a county-beneficiary trust, which is leasing a county hospital from a county pursuant to 19 Ohio St. 1991 , § 789[ 19-789 ] assign the lease or sub-let the premises to a private, for-profit enterprise I. ¶ 1 Your first...
Dear Director Dodd, ¶ 0 This office has received your letter asking for an official Opinion addressing, in effect, the following questions: 1. May law enforcement agents of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control ("OBNDD") drive State vehicles for personal use 2. Is it legally permissible to transport family members in a State vehicle issued to an OBNDD agent INTRODUCTION ¶ 1 Your questions concern the proper use of State vehicles by law enforcement officers....
Dear Representatives, Vaughn ¶ 0 This office has received your request for an Attorney General Opinion. You asked, in effect, the following questions: 1. Does 70 O.S.Supp. 1994, § 5-129.1[ 70-5-129.1 ], which exempts the funds of specific named programs, organizations and associations from local board of education control under 70 O.S.Supp. 1994, § 5-129[ 70-5-129 ], violate the special law prohibition of Article V , § 51 of the Oklahoma Constitution 2. If 70 O.S.Supp. 1994, § 5-129.1[ 70-5-...
Dear Director Dirck, ¶ 0 This office has received your request for an Opinion addressing the following questions: 1. Does a duly created campus police department have the authority to appoint and commission reserve officers 2. If campus police departments have the authority to appoint and commission reserve officers, must the reserve officers be certified and trained by the Council on Law Enforcement Education and Training (C.L.E.E.T.) I. ¶ 1 Oklahoma law recognizes two broad categories of...
