Attorney General opinion regarding the ownership of the Grand River Dam Authority (GRDA) and how assets may be distributed upon disposition of GRDA assets consistent with obligations on GRDA and the State.
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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.
AG Opinion 2023-7
Attorney General opinion concluding that a generally applicable zoning ordinance is not preempted by 21 O.S. § 1289.24.
Attorney General opinion concluding that, pursuant to title 22, section 1161 of the Oklahoma Statutes, individuals committed to the custody of the Department of Mental Health and Substance Abuse Services have a right to legal counsel at hearings arising from recommendations of the Forensic Review Board. Additionally, the opinion determines that, subject to prior approval from the Director of the Oklahoma Indigent Defense System (“OIDS”), attorneys affiliated with OIDS may represent indigent committed individuals at these court hearings.
Attorney General opinion regarding the Tobacco Settlement Endowment Trust (TSET) Fund and permissible actions and expenditures relating to the Fund. The opinion concludes that the Oklahoma Legislature may not authorize or formally approve the use of funds from the Trust Fund for uses not specifically referenced in article X, section 40, as this is a power reserved to the TSET Board of Directors. However, the Oklahoma Legislature may enact legislation expressing a preference, or recommending, that the TSET Board of Directors expend earnings of the Trust Fund for certain uses, though such legislation has no legal force or effect. Finally, the opinion determines that expenditures to benefit Oklahoma’s Medicaid program would fall within the permissible purposes of article X, section 40 of the Oklahoma Constitution.
Attorney General opinion regarding the duties of the Office of Management and Enterprise Services (OMES) in acquisitions by state agencies, including whether OMES is required to verify an agency’s claim that an acquisition is exempted from requirements of the Central Purchasing Act.
Attorney General opinion regarding the rule-making powers vested in the State Board of Education and under what authorities the State Board may promulgate its proposed rules.
Attorney General opinion regarding the constitutionality of three statutes relating to the alcoholic beverage supply chain and the prohibition against common ownership in the separate tiers of the supply chain set out in the state constitution.
Attorney General opinion regarding the confidentiality of settlement agreements reached between the Insurance Commissioner and pharmacy benefit managers under the Patients Right to Pharmacy Choice Act.
Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority.
AG Opinion 2022-7
This opinion has been withdrawn.
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.