** PART II ** II. EMPLOYMENT OF RACING OFFICIALS RECENTLY, SOME RACETRACK OWNERS HAVE TAKEN THE POSITION THAT THE RACETRACKS, AND NOT THE COMMISSION, ARE TO HIRE ALL RACING OFFICIALS, EXCEPT STEWARDS. IN TAKING THIS POSITION, THE TRACKS RELY ON THE LANGUAGE OF 3A O.S. 203.4, SPECIFICALLY THE LANGUAGE THAT PROVIDES THAT THE COMMISSION SHALL EMPLOY THREE STEWARDS AT EACH RACE MEETING, AND THE LANGUAGE THAT ALL OTHER RACING OFFICIALS AT A RACING MEET SHALL BE APPROVED BY THE COMMISSION. THIS...
** PROCEDURAL DUE PROCESS A BASIC PRINCIPLE OF DUE PROCESS UNDER THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION IS THAT A DEPRIVATION OF LIFE, LIBERTY, OR PROPERTY BE PRECEDED BY NOTICE AND OPPORTUNITY FOR HEARING APPROPRIATE TO THE NATURE OF THE CASE. MULLANE V. CENTRAL HANOVER BANK AND TRUST COMPANY, 339 U.S. 306 , 313 , 70 S.CT. 652 , 656-57 , 94 L.ED. 865 (1950). THE DUE PROCESS CLAUSE, HOWEVER, DOES NOT REQUIRE A HEARING IN EVERY CASE OF IMPAIRMENT OF PRIVATE INTEREST. CAFETERIA...
** PART II ** THERE IS NO QUESTION THAT THE ESTABLISHMENT CLAUSE OF THE FIRST AMENDMENT APPLIES TO THE STATES BY VIRTUE OF THE FOURTEENTH AMENDMENT, AS "(THE FOURTEENTH AMENDMENT) (AMEND 14). HAS RENDERED THE LEGISLATURES OF THE STATES AS INCOMPETENT AS CONGRESS TO ENACT SUCH LAWS" RESPECTING THE ESTABLISHMENT OF RELIGION, LAWS THAT MIGHT ERODE THE SEPARATION BETWEEN CHURCH AND STATE. CANTWELL V. CONNECTICUT, 310 U.S. 1 , 8 (1946). NOTHING PREVENTS A STATE FROM ADOPTING A MORE EXPLICIT, AND...
** PART II ** HOWEVER, "PERSONNEL FILE" IS NOT DEFINED BY STATUTE, CA SE LAW OR THE MERIT RULES. WHAT CONSTITUTES AN "OFFICIAL PERSONNEL FILE" WILL PROBABLY BE IN AN AGENCY'S OFFICIAL RULES, OR WHAT THAT AGENCY ROUTINELY PLACES IN THE "OFFICIAL PERSONNEL FILE" OF THE PUBLIC EMPLOYEE. APPARENTLY, MOST AGENCIES VIEW THE "OFFICIAL PERSONNEL FILE" AS THE FOLDER CONTAINING DOCUMENTS RELATING TO POSITIVE OR NEGATIVE ACTION ON AN EMPLOYEE AND WOULD NOT CONTAIN COMPREHENSIVE INVESTIGATORY REPORTS. THE...
** PART II ** II. IMMUNITY CONFERRED BY 10 O.S. 1109(D) UPON AN AGENCY OPERATED AS A NON-PROFIT CORPORATION OR AS AN ENTITY OF COUNTY GOVERNMENT. YOUR SECOND QUESTION ASKS WHETHER THE IMMUNITY CONFERRED UPON A CASA VOLUNTEER UNDER 10 O.S. 1109(D) EXTENDS TO AGENCIES OPERATED AS NON-PROFIT CORPORATIONS OR AS ENTITIES OF COUNTY GOVERNMENT. THE RESPONSE TO THIS QUESTION IS LIMITED TO THE FACTS AND CIRCUMSTANCES SET FORTH IN YOUR FIRST QUESTION. TITLE 10 O.S. 1109(D), AS IT RELATES TO THE IMMUNITY...
** PART II ** III. UNFAIR PRACTICES, FRAUD AND DUTY OF GOOD FAITH AND FAIR DEALING ANOTHER PART OF THE CODE IS WORTHY OF MENTION ALTHOUGH IT IS NOT DIRECTLY APPLICABLE TO YOUR QUESTION. SECTIONS 1201-1204 OF THE CODE DEAL WITH UNFAIR PRACTICES AND FRAUDS. ONE SUCH SECTION, FOUND AT 36 Ohio St. 1204 , DEFINES UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES. SUBSECTION (1) PROHIBITS MISREPRESENTATIONS AS TO THE TERMS OF ANY ISSUED POLICY. PERHAPS MORE DIRECTLY ON POINT IS...
** THIS MEMO WAS ATTACHED TO THE ABOVE NUMBERED OPINION REQUEST ** RE: PERFORMANCE SECURITY REQUIREMENT FOR THE PENDING AD VALOREM TASK FORCE ASSESSOR BASED DIGITAL MAPPING SOFTWARE AND HARDWARE CONTRACT I HAVE REVIEWED THE COPY OF THE PROFESSIONAL LIABILITY POLICY WHICH YOU SENT TO ME ON OCTOBER 30, 1991, REGARDING THE ABOVE CAPTIONED. THIS IS AN ELECTRONIC DATA PROCESSING PROFESSIONAL ERRORS AND OMISSIONS INSURANCE POLICY WHICH PROTECTS THE INSURED FROM ANY ERROR OR OMISSION IN PROFESSIONAL...
THE ATTORNEY GENERAL HAS RECEIVED YOUR REQUESTS FOR AN OPINION ADDRESSING THE APPLICABILITY OF THE 1990 PROCEDURAL AMENDMENTS TO OKLAHOMA'S SOLID WASTE MANAGEMENT ACT (OSWMA) TO THE SOLID WASTE PERMIT APPLICATION OF HALLCO ENVIRONMENTAL, INC. (HALLCO). THE ATTORNEY GENERAL HAS ASKED THAT I RESPOND TO YOUR REQUESTS. IN THE COURSE OF RESEARCHING THIS QUESTION, THE ATTORNEY GENERAL'S OFFICE HAS RECEIVED A GREAT DEAL OF INPUT FROM THE HEALTH DEPARTMENT, REPRESENTATIVES OF HALLCO, AND...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN OPINION, IN WHICH YOU ASK: 1. WHAT EFFECT, IF ANY, DOES REMOVAL OF THE OKLAHOMA HORSE RACING COMMISSION'S POWER TO LICENSE NONPARIMUTUEL TRACKS AS CONTAINED IN ENROLLED HOUSE BILL NO. 1261 HAVE ON SUCH RACE DAYS APPROVED BY THE COMMISSION PRIOR TO THE EFFECTIVE DATE OF H.B. 1261 BECAUSE OF THE NATURE OF YOUR QUESTION, AND THE TIME CONSIDERATIONS INVOLVED, WE ARE ANSWERING YOUR REQUEST BY WAY OF AN INFORMAL OPINION....
RE: INFORMAL ADVISE ON THE GOVERNOR'S POWER, THROUGH AN EXECUTIVE ORDER, TO EMPOWER THE OKLAHOMA HORSE RACING COMMISSION TO REGULATE NON PARI-MUTUEL RACES. I AM WRITING TO MEMORIALIZE THE ADVICE I GAVE YOUR LEGISLATIVE LIAISON, MICK THOMPSON, LATE LAST WEEK, REGARDING THE USE OF EXECUTIVE ORDERS. THE QUESTION PRESENTED BY MR. THOMPSON WAS: CAN THE GOVERNOR, THROUGH THE USE OF AN EXECUTIVE ORDER, EMPOWER THE OKLAHOMA HORSE RACING COMMISSION TO REGULATE NON PARI-MUTUEL RACING ACTIVITIES...
RE: APPOINTMENTS TO THE REAL ESTATE COMMISSION THE ATTORNEY GENERAL HAS RECEIVED YOUR REQUEST FOR AN OPINION REGARDING THE GOVERNOR'S RECENT APPOINTMENTS TO THE REAL ESTATE COMMISSION. WITH REGRET, WE WILL NOT BE ABLE TO FURNISH SUCH AN OPINION. AN INDIVIDUAL'S QUALIFICATIONS FOR OFFICE ARE DETERMINED BY A FACTUAL INQUIRY. BY LONG-STANDING POLICY, THIS OFFICE MAY ONLY ADDRESS PURE QUESTIONS OF LAW. IT WOULD NOT BE APPROPRIATE FOR THIS OFFICE TO ADJUDICATE AN INDIVIDUAL'S RIGHT TO BE APPOINTED...
THIS LETTER IS WRITTEN IN RESPONSE TO YOUR LETTER OF LAST THURSDAY AFTERNOON, IN WHICH YOU ASKED WHETHER A COUNTY COURT CLERK CURRENTLY HAS THE AUTHORITY TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT FINES IMPOSED BY VIRTUE OF TICKETS ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY. YOUR LETTER ASKS THAT WE RESPOND TO YOUR QUESTION NO LATER THAN MAY 13. OF COURSE, ON SUCH SHORT NOTICE IT IS ONLY POSSIBLE FOR THIS OFFICE TO MAKE A VERY CURSORY REVIEW OF THE APPLICABLE LAW AND TO FORMULATE ONLY A...
I HAVE RECEIVED YOUR LETTER INQUIRING, IN ESSENCE, WHETHER A TAG AGENT MAY SEEK THE OFFICE OF MAYOR WITHOUT VIOLATING THE DUAL OFFICE HOLDING PROHIBITIONS OF OKLAHOMA LAW, SPECIFICALLY ARTICLE II, SECTION 6 AND 51 Ohio St. 6 . YOU HAVE INFORMED ME ORALLY THAT YOU ARE NOT REQUESTING A FORMAL OPINION BUT, DUE TO TIME RESTRAINTS, SEEK ONLY AN INFORMAL SEARCH FOR PRIOR OPINIONS OF THE ATTORNEY GENERAL ON THIS ISSUE. A QUICK EXAMINATION OF PRIOR OPINIONS INDICATES THAT THIS ISSUE WAS LAST EXAMINED...
THE OFFICE OF THE ATTORNEY GENERAL IS IN THE COURSE OF PREPARATION OF AN OFFICIAL OPINION IN REGARD TO THE CONSTITUTIONALITY OF MANDATED HEALTH AND DENTAL INSURANCE FOR EDUCATION ENTITY EMPLOYEES PURSUANT 74 Ohio St. 1308 .1, AND 70 Ohio St. 5-117 .5 (1990), WHICH YOU REQUESTED. DURING THIS PREPARATION, THIS OFFICE WAS MADE AWARE OF SENATE BILL 546, WHICH WAS SIGNED BY THE GOVERNOR INTO LAW ON THE 22ND OF MAY, 1991. THIS SENATE BILL AMENDS BOTH 74 Ohio St. 1308 .1 AND 70 Ohio St. 5-117 .5....
RE: GERALD GRIMES. ET. AL. V. CROWN LIFE INSURANCE COMPANY, DISTRICT COURT OF OKLAHOMA COUNTY CASE NO. CJ-89-7863 ATTORNEY GENERAL SUSAN LOVING HAS ASKED ME TO RESPOND TO YOUR REQUEST WHETHER THE CURRENT TAX APPORTIONMENT FORMULA SHOULD BE APPLIED TO PREMIUM TAXES RECENTLY GENERATED BY THE SETTLEMENT OF A LAWSUIT WHICH WAS INITIATED IN 1984. YOU NOTED THAT A DIFFERENT APPORTIONMENT FORMULA WAS USED FOR PREMIUM TAXES PRIOR TO MARCH 25, 1988. THE APPORTIONMENT STATUTE, 36 Ohio St. 312 .1 (1990),...
ATTORNEY GENERAL HENRY HAS REFERRED TO ME YOUR OPINION REQUEST CONCERNING WHETHER DAMAGES FOR CONTINUING NUISANCE AND TRESPASS CLAIMS MAY BE RECOVERED AGAINST THE OKLAHOMA MUNICIPAL POWER AUTHORITY IN A DISTRICT COURT ACTION WITHOUT REQUIRING THE PLAINTIFF TO COMPLY WITH THE PROVISIONS OF THE GOVERNMENTAL TORT CLAIMS ACT. WE HAVE LEARNED THAT THESE SAME ISSUES ARE CURRENTLY BEING LITIGATED IN AT LEAST TWO PROCEEDINGS IN OSAGE COUNTY, OKLAHOMA: PRESLEY V OMPA AND WEHRLE V. OMPA. BASED ON A LONG-...
RE: ATTORNEY GENERAL OPINION REGARDING NEPOTISM I HAVE BEEN ASKED TO RESPOND TO YOUR RECENT CORRESPONDENCE WHEREIN YOU ASKED, IN EFFECT: IN LIGHT OF THE PROVISIONS OF 21 Ohio St. 481 (1981), MAY A CURRENTLY EMPLOYED CHIEF OF POLICE, OF A MUNICIPALITY HAVING A MANAGER-COUNCIL FORM OF GOVERNMENT AND IN WHICH THE CHIEF OF POLICE IS HIRED OR APPOINTED BY THE CITY MANAGER, CONTINUE TO SERVE AS CHIEF OF POLICE AFTER HIS SON IS ELECTED TO THE CITY COUNCIL YOUR INQUIRY MAY BE ANSWERED BY COMPARISON OF...
THE ATTORNEY GENERAL HAS RECEIVED YOUR LETTER ASKING FOR AN OFFICIAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTIONS: 1. WHETHER IT IS PROPER FOR THE FATHER-IN-LAW OF THE MAYOR OF MOUNTAIN VIEW, OKLAHOMA, TO BE APPOINTED TO THE PUBLIC HOUSING AUTHORITY BOARD, EVEN THOUGH THE MAYOR DID NOT PARTICIPATE IN VOTING FOR THE APPOINTMENT 2. WHETHER THERE IS A CONFLICT OF INTEREST FOR A MEMBER OF THE TOWN BOARD OF TRUSTEES TO OWN THE ONLY NEWSPAPER IN TOWN WHERE LEGAL PUBLICATIONS AND OTHER ADS...
THIS WILL ACKNOWLEDGE RECEIPT OF YOUR REQUEST FOR AN INFORMAL OPINION OF THE ATTORNEY GENERAL, WHEREIN YOU SUBMIT THE FOLLOWING QUESTION: 1. IN ESTABLISHING THE MONTHLY PREMIUM AMOUNTS CHARGED AN EMPLOYEE WHO PARTICIPATES IN THE HEALTH INSURANCE PLAN, IS THE STATE AND EDUCATION EMPLOYEES GROUP INSURANCE BOARD LAWFULLY AUTHORIZED TO SEPARATELY RATE EMPLOYEES AND THEIR DEPENDENTS WHO ARE NOT CURRENTLY EMPLOYED BY A PARTICIPATING EMPLOYER AND WHO DO NOT PARTICIPATE IN MEDICARE FROM EMPLOYEES AND...
ATTORNEY GENERAL LOVING HAS DIRECTED ME TO RESPOND TO YOUR REQUEST FOR AN OFFICIAL OPINION FROM THIS OFFICE ASKING, IN EFFECT, WHETHER IT WOULD BE A VIOLATION OF OKLAHOMA LAW FOR A FULL-TIME STATE EMPLOYEE TO CONTRACT WITH ANOTHER STATE AGENCY FOR PART-TIME WORK. YOU HAVE ALSO ASKED WHETHER OUR ANSWER WOULD CHANGE IF THE PERSON AS COMPLETING THE PART-TIME WORK WHILE ON ANNUAL LEAVE, OR LEAVE WITHOUT PAY FROM HIS FULL-TIME EMPLOYMENT WITH THE APPROVAL OF HIS FULL TIME EMPLOYER. BECAUSE YOUR...
