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AG Opinions

One function of the Attorney General is to issue opinions to legislators and other state officers regarding questions of law in which the officer is officially interested. 

Generally, public officials are required to act in accordance with an Attorney General opinion unless or until the opinion is set aside by a court. However, opinions that conclude a statute is unconstitutional are advisory only.

Current Year Opinions

Recent Opinions

January 8, 2019

Upon the death of an alternate payee who was entitled to a portion of member benefits as set forth in a valid qualified domestic order pursuant to 11 O.S.2011, § 50-124, the benefit payments assigned to the alternate payee cease. The surviving spouse or child of the deceased alternate payee is not entitled to continued payments as the beneficiary of the deceased alternate payee.

The definition of “beneficiary” under 11 O.S.2011, § 50-101(13) does not include the surviving spouse or child of a deceased alternate payee of the related member under a qualified domestic order issued pursuant to 11 O.S.2011, § 50-124. However, if the surviving child of the deceased alternate payee is also the child of a member, the child is a beneficiary of the member.  

October 31, 2018

The Oklahoma Attorney General examines whether the Oklahoma Horse Racing Commission is subject to 62 O.S.2011, § 211.

October 25, 2018

The Oklahoma Attorney General examines waivers of fees for professional licensure under 59 O.S. § 4003.

October 10, 2018

A mental health professional who is not a licensed psychologist is prohibited by 59 O.S.Supp.2017, § 1353 from describing or titling his or her evaluation of a patient’s mental health as a “psychological evaluation,” unless the evaluation is intended solely for the internal use of the author.

September 25, 2018

A statutory town board of trustees may enact an ordinance (i) permitting the same  person to serve as both municipal judge and municipal court clerk pursuant to 11 O.S.2011, § 8-106, or (ii) “combine, merge, or consolidate” the office of municipal judge and municipal court clerk as “necessary and convenient for the administration of the affairs or government of the town” pursuant to 11 O.S.2011, § 12-112. In either case, such an ordinance would be an exception to the dual office-holding prohibition of 51 O.S.Supp.2017, § 6. See A.G. Opins. 2008-15, 1981-31; Sw. Bell Tel. Co. v. Oklahoma Cty. Excise Bd., 1980 OK 97, ¶ 12, 618 P.2d 915, 919.

September 21, 2018

The Insurance Commissioner has a financial interest prohibited by 36 O.S.2011, § 302 when he or she has any connection with an insurer, insurance agency, or insurance transaction, as defined by the Insurance Code, from which the Commissioner receives any direct or indirect financial benefit.

September 18, 2018

The Oklahoma Attorney General clarifies the authority of the Oklahoma Construction Industries Board under the Oklahoma Inspectors Act.

September 11, 2018

A licensed physical therapist has authority to develop a plan of care for a child with a disability under the Individualized Education Plan in accordance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 – 1482) pursuant to 59 O.S.Supp.2017, § 887.17(A)(2). However, in doing so, the therapist is not practicing a branch of the healing art under Oklahoma law. Id. §887.17(A)(5).

September 6, 2018

Municipalities do not have the authority, express or implied, to use municipal resources to improve or maintain the grounds of, maintain records for, or collect remit payments for plots in a privately-owned cemetery that is open to the public.

June 29, 2018

Under 37A O.S. § 3-111(K) all brewers, including small brewers, are prohibited from receiving money, inducements, or any other thing of value from a beer distributor in exchange for entering into a distribution agreement with that distributor.



74 O.S. § 18b (A(5)) provides the following language: The duties of the Attorney General as the chief law officer of the state shall be ... To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested.