Attorney General opinion, 2012-10, 07/23/2012

              OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION
2012-10
The Honorable Jason Murphey
State Representative, District 31
2300 North Lincoln, Room 437
Oklahoma City, Oklahoma 73105
Dear Representative Murphey:
July 23, 2012
This office has received your request for an official Attorney General Opinion in which you ask, in
effect, the following questions:
1. Does a board of county commissioners have the statutory authority to
issue road crossing permits?
2. If the answer to Question 1 is yes, maya board of county commissioners
charge a fee for a road crossing permit? If so, what are the limits on the
amount of the fee?
3. If a board of county commissioners may levy a fee, must the fee be
applied for a specific purpose or may it be remitted into a county's
highway fund?
4. Does a board of county commissioners have the authority to assess a fine
for failure to comply with rules promulgated by the board of county
commissioners regarding road crossing permits? If so, what are the
statutory limits on the amount of the fine?
5. If neither a fee or fine is authorized, is 28 0.S.2011, § 13, which prohibits
a public officer from knowingly charging, demanding or receiving any
fees not provided by law, applicable?
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