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.
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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
The Oklahoma Attorney General clarifies the authority of the Oklahoma Construction Industries Board under the Oklahoma Inspectors Act.
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).
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.
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.
The enactment in 2016 of House Bill 3103 (2016 Okla. Sess. Laws ch. 356) renders a member of a local school district board of education ineligible to run for, be reappointed to, or hold his or her office is the member fails to satisfy the requuirements of 70 O.S.Supp.2017, §§ 5-110 & 5-110.1.
The permissibility of a third-party owned distributed generation source depends on whether the source is operating in unincorporated or incorporated areas of the State of Oklahoma.
Training provided by CLEET to campus police officers commissioned by private institutions of higher education or private schools pursuant to the Oklahoma Campus Security Act, 74 O.S.Supp.2017, § 360.18, is a “public purpose” consistent with Okla. Const. art. X, § 14.
To properly request a water provider to terminate service to real property pursuant to 11 O.S.Supp.2017, § 22-112.5, a sewer provider must follow the procedures required for its governing board to take action and comply with the statutory notice requirements set forth in Section 22-112.5.
The requirement in 70 O.S.2011, § 3418 that a Board of County Commissioners dedicate county ad valorem tax revenues to fund the county’s cooperative extension office does not violate OKLA. CONST. art. XXI, § 1 or OKLA. CONST. art. X, § 9.
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.