Under 47 O.S.Supp.2017, § 11-901d, the only use of an amateur radio that is prohibited is manually composing, sending, or reading a text-based message while operating a moving motor vehicle.
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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.
Recent Opinions
December 27, 2017
By acting as the Plan Administrator for the Oklahoma Temporary Motorist Liability Plan, the Oklahoma Sheriff’s Association, a private non-profit organization, is “supported in whole or in part by public funds or entrusted with the expending of public funds, or administering public property.” Accordingly, it meets the definition of “public body” and is therefore subject to both the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
December 27, 2017
OKLA. CONST. art. VI, § 11 does not require either house of the Legislature to hold a vote to override a veto by the Governor.
December 20, 2017
Real property subject to tax sale pursuant to 68 O.S.2011, § 3105 may be redeemed at any time before the deed is conveyed “by paying to the county treasurer the sum which was originally delinquent,” along with statutorily-required interest and costs.
December 20, 2017
A rural water district is exempt from paying the costs associated with removing or relocating the district’s existing water lines or other facilities that are located in a turnpike right-of-way when removal or relocation is necessary for improvement, construction, or reconstruction of the turnpike.
December 13, 2017
Payment by the Council on Law Enforcement Education and Training (CLEET) of the cost of supplying meals to CLEET training cadets prior to CLEET actually collecting such costs from the cadet’s employing agency is not an unlawful extension of the State’s credit under OKLA. CONST. art. X, § 15.
December 13, 2017
Okla. Const. art. V, § 33(B) applies to revenue bills passed during a special legislative session called pursuant Okla. Const. art V, § 27A, regardless of whether it runs concurrently with the regular legislative session or is called after regular session adjourns sine die.
December 13, 2017
A hospital may refuse to grant hospital privileges to a physician based on the physician not holding a medical board certification, 63 O.S.2011, § 1-707b(B), but board certification also may not be the sole basis of according privileges. OAC 310:667-7-4 & 667-9-5.
September 7, 2017
Gift cards or gift certificates “issued for a food product” are not subject to the requirements of 15 O.S.2011, § 797 so long as the expiration date of the gift card or gift certificate is disclosed in the manner required by 15 O.S.2011, § 797(C).
September 7, 2017
The Director of a physician assistant training program, sitting as a member of the Physician Assistant Advisory Committee, may evaluate the application of a former student of that Director’s program and make a recommendation to the State Board of Medical Licensure and Supervision as to whether the former student should be licensed.
The Physician Assistant Act does not authorize the State Board of Medical Licensure and Supervision to charge or require payment of a fee for logging and reporting continuing medical education hours other than the license renewal fee provided for at 59 O.S.2011, § 519.8 (B).
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Disclaimer
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.