Dear Representative Morgan ¶ 0 This office has received your request for an Attorney General Opinion in which you ask, in effect, the following question: What, if any, constitutional or statutory provisions would prevent public school districts from entering into agreements in excess of one year to lease privately owned school classroom space I. POWERS AND LIMITATIONS ¶ 1 Pursuant to its constitutional mandate, the Legislature has provided a system of free public schools for all children of...
Dear Executive Director Campbell, ¶ 0 This office has received your request for an Attorney General Opinion. You have asked, in effect, the following questions: 1. Does the Board of Dentistry have authority to consider a request to modify an agreed final order over a year after it was entered 2. If the answer to the first question is yes, can the present Board of Dentistry consider the request, or must the request be considered by the pro tempore board which adopted the agreed order ¶ 1 The...
Dear Superintendent of Public Education, Sandy Garrett, ¶ 0 This office has received your letter asking for an official Opinion in which you ask, in effect, the following questions: 1. Are school districts required to offer students all the courses set forth in Enrolled House Bill 1759, 47th Legislature, 1st Regular Session (H.B. 1759) to be codified at 70 O.S. Supp. 1999, § 11-103.6[ 70-11-103.6 ] 2. Are students with individual education plans (IEP's) developed pursuant to the Individuals...
Dear Senator Brown ¶ 0 This office has received your request for an official Opinion of the Attorney General in which you asked, in effect: Does the Oklahoma Open Records Act permit a public body to maintain confidentiality of the home telephone numbers of its employees ¶ 1 The Oklahoma Open Records Act, 51 Ohio St. 24A .1 — 51 O.S. 24A.24 (1991-1998), mandates openness of the records of public bodies in Oklahoma: All records of public bodies and public officials shall be open to any person...
Dear Chairman Kirtley, ¶ 0 This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. Whether the Oklahoma Water Resources Board can, by rule, interpret the term "nonprofit organization," as used in 82 O.S. Supp. 1998, § 1020.11a[ 82-1020.11a ], to include the United States government, its subdivisions, the government of the State of Oklahoma, its subdivisions, and local governments. 2. Whether the Oklahoma Water Resources...
Dear Director Caton, ¶ 0 This office has received your request for an Attorney General Opinion. You have asked, in effect, the following questions: Does the Oklahoma Medical Technology and Research Authority have the option to purchase workers' compensation insurance from a source other than the State Insurance Fund ¶ 1 The Medical Technology and Research Authority of Oklahoma ("the Authority") is an agency of the State of Oklahoma. See 74 Ohio St. 7052 (A) (1998). The statute which gives rise...
Dear Auditor and Inspector Scott, ¶ 0 This office has received your letter requesting an Opinion addressing the following questions: 1. Is farm equipment and machinery owned by an Oklahoma resident and used in Oklahoma and in other states subject to ad valorem taxation by the county of the owner's residence 2. What action, if any, may be taken by a citizen to compel a county assessor to discover and assess property which should be taxed 3. May a citizen of Oklahoma file qui tam action or a...
Dear Attorney Esser, ¶ 0 This office has received your letter requesting an official Attorney General Opinion addressing, in effect, the following question: Where a county vehicle has been damaged in a wreck and is a total loss, must a county follow the procedures for disposition of county property found in 19 Ohio St. 421 .1 (1998), or may the county, pursuant to its insurance policy, settle the claim by transferring title to its insurance carrier ¶ 1 Section 19 Ohio St. 421 .1 of Title 19...
Dear State Senator Herbert ¶ 0 This office has received your request for an Attorney General Opinion. You have asked, in effect, the following question: Is 47 Ohio St. 2-117 (9) (1998), which provides for a generalized power allowing officers of the Oklahoma Highway Patrol to "stop and inspect the contents of all motor vehicles to ascertain whether or not the provisions of all general laws are being observed," limited by the Fourth Amendment to the United States Constitution or Article II ,...
Dear Representative Glover, ¶ 0 This office has received your request for an Attorney General Opinion. You have asked, in effect, the following question: Does Section 1404 of Title 20, which mandates that a judicial officer must vacate his office when he becomes a candidate for any nonjudicial or judicial office, violate the First Amendment or the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States of America ¶ 1 You inquired about a particular portion...
Dear Representative Kinnamon, ¶ 0 This office has received your request for an official Opinion in which you asked, in effect, the following question: May the State Insurance Fund engage in the business of reinsurance GENERAL NATURE OF REINSURANCE ¶ 1 Reinsurance has been defined as a form of insurance, "being the insurance of one insurer ("the reinsured") by another insurer ("the reinsurer") by means of which the reinsured is indemnified for loss under insurance policies issued by the...
Dear Superintendent of Public Instruction, Sandy Garrett, ¶ 0 This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. Does the Teacher Preparation Act 1 authorize the Teacher Preparation Commission to adopt three separate tests 2. Does the Teacher Preparation Act authorize the Teacher Preparation Commission to charge three separate fees for the tests 3. Are individuals seeking Alternative Placement certification pursuant...
Dear Commissioner Boehler: ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Are the offices newly created by 43A O.S. 2-103 (1999) considered "vacant" under Article VI , Section 13 of the Oklahoma Constitution, thereby authorizing the Governor to make interim appointments pursuant to 74 Ohio St. 2 .2 (1991) pending full appointment and legislative confirmation ¶ 1 As stated in your request, the question...
Dear Representative Newport, ¶ 0 This Office has received your request for an Attorney General Opinion addressing, in effect, the following question: 1. Does the Oklahoma Agents Licensing Act, 36 Ohio St. 1421 - 36 O.S. 1429 require telephone representatives of insurance companies who do direct telephone soliciting in Oklahoma be licensed as insurance agents 2. If so, are they required to show proof of continuing education ¶ 1 In order to answer your question, several provisions of the Agent...
Dear District Attorney Macy: ¶ 0 This office has received your letter asking for an official Opinion addressing the following question: Who may act in the place of and perform the duties for a member of the county board of tax roll corrections ¶ 1 Section 68 Ohio St. 2871 of Title 68 creates the board of tax roll corrections (Board) and empowers the Board to hear and determine allegations of error, mistake or difference as to any item or items contained in the tax rolls. The Board consists of...
Dear Representative John Sullivan, ¶ 0 This office has received your letter requesting an official Attorney General Opinion addressing, in effect, the following question: Are the labor and delivery charges charged by caterers to their consumers a component of the "gross receipts" or "gross proceeds" received by the caterer and subject to sales tax pursuant to 68 O.S. Supp. 1998, § 1354 (1) ¶ 1 Your question may be answered by reference to the provisions of the Oklahoma Sales Tax Code, 68 Ohio...
Dear Representative Askins, ¶ 0 This office has received your request for an Attorney General Opinion in which you ask the following question: Are the costs associated with the issuance of a protective order collectible in the same manner as costs assessed in a criminal case COSTS IN A CRIMINAL PROCEEDING ¶ 1 Costs in criminal cases are assessed pursuant to 28 O.S. 1991, § 101[ 28-101 ], which states that "all costs in the prosecution of all criminal actions shall, in case of conviction of the...
Dear Representative Webb, ¶ 0 This Office has received your request for an Attorney General Opinion addressing, in effect, the following questions: 1. If a business is required to adhere to certain OSHA regulations due to the nature of its operation, does 36 O.S. 6701 (A) (1998) require the insurer to provide safety services to meet those regulations 2. Are the services required in 36 Ohio St. 6701 (A) (1998) required to be provided as part of the workers' compensation premium, or may...
Dear Executive Director Jean Williams ¶ 0 This Office has received your letter asking for an official Opinion addressing, in effect, the following question: Is a building constructed by a public trust authority (having a municipality as its beneficiary), to be used by a private tenant for commercial or industrial purposes, a municipal building requiring licensed architectural services, pursuant to 59 O.S. Supp. 1998, § 46.3[ 59-46.3 ](E) I. INTRODUCTION ¶ 1 The Board of Governors of Licensed...
Dear Representative Webb ¶ 0 This office has received your request for an Attorney General Opinion. You have asked, in effect, the following questions: 1. Under what circumstances does a parole officer have the ability to arrest or conduct a search without a warrant, when a parole officer witnesses an individual committing a crime 2. Should any policies that set forth the duties, scope of employment and any parameters of actions by parole officers be promulgated as administrative rules 3. Has...
