Dear Senator, Dick Wilkerson, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Do the provisions of 76 O.S. Supp. 2000, § 19 require a "doctor, hospital, or other . . . [health care] institution" to furnish to a current or former patient of such doctor, hospital or other health care institution the originals of such patient's x-ray upon request of the patient without charge, including any requirement for...
Dear Representative Stanley, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Can a bank legally withhold from the public information about public funds it holds in deposit ¶ 1 The Oklahoma Open Records Act ("the Act"), 51 Ohio St. 1991 Supp. 2000, §§ 24A.1 — 24A.26, applies to the records of all "public bodies." Under the Act the term "public body" includes, but is not limited to: [A]ny office, department,...
Dear Representative Claunch ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the language in Section 5 of Senate Bill 1002 (passed as 2000 Okla. Sess. Laws ch. 311 , § 5) direct that military service be credited to retirees prospectively from the July 1, 2000, effective date of the law, or from the date retirees are approved for the service credit by their retirement system Background ¶ 1 Your question...
Dear Senator Rozell, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does 11 Ohio St. 1991 , § 49-135 , which prohibits employment of certain individuals as firefighters, prevent a previously retired firefighter from returning to work as a firefighter after he or she has attained the age of 45 years 2. Do the provisions of the Oklahoma Firefighters Deferred Option Plan, 11 O.S. Supp. 2000, § 49-106.1 ,...
Dear Senator Crutchfield, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Do the provisions of 68 O.S. Supp. 2000, § 2817[ 68-2817 ] (H), which establish rules for valuation for ad valorem tax purposes of "platted" lots in certain additions, apply to lots platted before June 10, 1998 ¶ 1 The basic rule of valuation for ad valorem taxation purposes is found in Article X , § 8(A) of the Oklahoma Constitution,...
Dear District Attorney, John David Luton, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Title 38 O.S. Supp. 2000, § 18 (B)(1) says, "the list shall be used exclusively for jury selection purposes. The court clerk shall not copy or permit any person to copy the list or any portion thereof[.]" May a court clerk provide a member of the public with a list of a general panel jury (persons who have been summoned...
Dear Office Thornley, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is the Lake Atoka Reservation Authority required by 82 O.S. Supp. 2000, § 1086.1[ 82-1086.1 ] (A)(2) to pay money to Atoka County for water storage ¶ 1 In the late 1950's, the City of Oklahoma City condemned land located in Atoka County and constructed Lake Atoka as a water reservoir for the City's use. The lake is maintained and operated...
Dear Administrator and Secretary Jackson, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Can the Administrative Director of the Courts be required to submit affirmative action plans for the judicial branch of government pursuant to 74 O.S. Supp. 2000, § 840-2.1[ 74-840-2.1 ] ¶ 1 Your question arises out of the Oklahoma Personnel Act 1 which, in part, requires the preparation of affirmative action plans by...
Dear Senator Littlefield, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. If an incumbent school board member fails to receive 15 continuing education credits during a full term of office as required by 70 O.S. Supp. 2000, § 5-110.1[ 70-5-110.1 ] , is that incumbent school board member eligible to file for, and be elected to, an additional term of office 2. If a county election official has certified,...
Dear Representative Calvey, ¶ 0 This office has received your request for an official Attorney General Opinion asking, in effect, the following questions: 1. Is it a conflict of interest for an elected city official to vote on a city contract with a private entity which employs that city official, when the city official has no proprietary interest in the private entity, and the city official's compensation is not paid out of any funds received by the private entity from the city 2. If so, can...
Dear Representative Winchester, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. If a church allows its facility to be used for meetings and seminars conducted by nonreligious, nonprofit entities, may the church retain the ad valorem tax exemption provided by Okla. Const. art. X , § 6 and 68 O.S. Supp. 2000, § 2887 (7) 2. If a church may allow its facility to be used for meetings and seminars conducted...
Dear Commissioner Bietsch ¶ 0 This office has received your letter requesting an official Attorney General Opinion addressing, in effect, the following questions: 1. Are physicians, who are employed by the State of Oklahoma and required to engage in the practice of medicine as a part of their duties of employment, covered by the sovereign immunity of the State and/or the Oklahoma Governmental Tort Claims Act, 51 O.S. 1991 Supp. 2000, §§ 151 -172 2. Are physicians who are employed by the State...
Dear Governor Frank Keating, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the immunity from civil liability afforded volunteers by 76 O.S. Supp. 2000, § 31[ 76-31 ] protect individuals who, in volunteering their services free of charge, are not acting within the scope of any official duty or function for a charitable organization or non-profit corporation ¶ 1 Your inquiry references the statute...
Dear Secretary Howard, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Can the movement of people be restricted during an outbreak of the foot and mouth animal disease 2. If so, what entity has the authority to do so I. Foot And Mouth Disease ¶ 1 The Department of Agriculture ("ODA") has reported to this office that the foot and mouth disease ("FMD") is a highly contagious animal disease which is...
Dear Representative, Staggs ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is it unconstitutional to designate a percentage of the general revenue fund for teacher retirement with the allocation to be continuing each year ¶ 1 A legislative act is valid unless it conflicts with the Constitution. "The authority of the Legislature, both the power to legislate and the limitation of that authority, is derived...
Dear Representative Stites, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Under the provisions of the Oklahoma Horse Racing Act ("the Act"), 3A O.S. 1991 Supp. 2000, §§ 200 -209, is the Oklahoma Horse Racing Commission empowered to authorize a licensed racetrack (which the Act refers to as an "organization licensee") to accept pari-mutuel wagers on previously run horse races — races which are neither live races nor...
Dear Representative Toure ¶ 0 This office has received your letter requesting an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Can the Oklahoma Health Care Authority (OHCA), as the State agency charged with the responsibility of administering the State's Medicaid program, delegate its decision-making authority to a private, non-governmental entity if a right to a hearing before OHCA exists 2. Do health care providers have a right to an appeal to...
Dear District Hudson ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Does Section 8 of Senate Bill 119 (2001 Okla. Sess. Laws ch. 249 , § 8 (amending 47 Ohio St. 1991 , § 14-113 )), require county authorities to find an immediate threat of serious harm or destruction exists before weight restrictions can be imposed on motor vehicles operating on highways, detours, and bridges under the jurisdiction of...
Dear Representative Roach, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask the following question: Under the provisions of Article XXII , § 2 of the Oklahoma Constitution, may an Oklahoma charitable and eleemosynary corporation acquire, own, operate, lease and trade in real estate in the state of Oklahoma outside an incorporated city or town to earn income to support its charitable and eleemosynary purposes Constitutional Limits on...
Dear Representative Gray, ¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Is an "administrative penalty" considered a "fee" for purposes of the Administrative Procedures Act, 75 Ohio St. 1991 Supp. 2000, §§ 250 — 323 ¶ 1 Since your question relates to rulemaking pursuant to the Administrative Procedures Act ("APA"), this Opinion begins with a general discussion of rulemaking. I. RULEMAKING PURSUANT TO THE...
