2012 3rd Quarter Digest 1 |
Previous | 1 of 4 | Next |
|
small (250x250 max)
medium (500x500 max)
Large
Extra Large
large ( > 500x500)
Full Resolution
All (PDF)
|
This page
All
|
Attorney General E. Scott Pruitt Vol. 48, No. 3 Quarterly September, 2012 Digest of Opinions 2012-10 The Hon. Jason Murphey July 23 2012 State Representative, District 31 1. A board of county commissioners has the authority pursuant to 69 O.S.2011, § 1401 to issue road crossing permits to citizens, including public utility companies and cable television sys-tems, to lay pipe and conduits under roads or highways under the board’s jurisdiction. 2. A board of county commissioners has the express power to adopt rules, regulations and conditions related to road crossing permits issued pursuant to 69 O.S.2011, § 1401. This broad regulatory power includes the author-ity to charge fees for road crossing permits. 3. The amount of a road crossing permit fee must be reasonably related to the costs of administering and regulat-ing the permit issued pursuant to 69 O.S.2011, § 1401. The fees shall not be used as a revenue-generating measure. 4. A road crossing permit fee must be deposited into an account to offset the costs to the county for administering and regulating the permit. There is no prohibition against depositing these funds into the county highway fund as authorized by 69 O.S.2011, § 1503 if funds from that account are expended by the county. 5. A board of county commissioners=s regulatory authority to adopt rules, regulations and conditions includes the power to assess a fine for non-compliance with rules regarding road crossing permits issued pursu-ant to 69 O.S.2011, § 1401. See Jackson v. State, 211 P. 1066, 1071- 72 (Okla. Crim. App. 1923) . 6. Title 28 O.S.2011, § 13, which pro-hibits the charging of unauthorized fees by public officers, is applicable to county commissioners who know-ingly charge a fee or levy a fine not authorized by law. A fee or fine in excess of the amount reasonably required for administration and regulation of the permit would be unlawful. It is within the discretion of the district attorney to determine whether to file charges pursuant for a violation of this statute. Rideout v. Wynn, 987 P.2d 446, 448 (Okla. Civ. App. 1999). E. SCOTT PRUITT Attor ney General of Oklahoma SANDRA D. RINEHART Senior Assista nt Attor ney General Opinion 2012-11 The Hon. Seneca Scott Aug. 20, 2012 State Representative, District 72 1. Once a county elects to come un-der the County Budget Act, all the county’s agencies, instrumentalities, departments, offices, boards and commissions are required to comply with the County Budget Act. 19 O.S.2011, § 1404(7). 2. A county budget board is responsible for preparing the county budget but
Object Description
Okla State Agency |
Attorney General, Oklahoma |
Okla Agency Code |
'049' |
Title | Digest of opinions, 09/2012, v.48 no. 3 |
Authors |
Oklahoma. Office of the Attorney General. |
Publication Date | 2012-10 |
Publication type | Newsletter |
Purpose | Opinions 2012-10 through 2012-14 |
For all issues click |
A3600.6 D572 |
Digital Format | PDF Adobe Reader required |
ODL electronic copy | Received from agency via e-mail |
Rights and Permissions | This Oklahoma State Government publication is provided for educational purposes under US copyright law. Other usage requires permission of copyright holders. |
Language | English |
Date created | 2012-11-13 |
Date modified | 2012-11-14 |
OCLC number | 819810918 |
Description
Title | 2012 3rd Quarter Digest 1 |
Full text | Attorney General E. Scott Pruitt Vol. 48, No. 3 Quarterly September, 2012 Digest of Opinions 2012-10 The Hon. Jason Murphey July 23 2012 State Representative, District 31 1. A board of county commissioners has the authority pursuant to 69 O.S.2011, § 1401 to issue road crossing permits to citizens, including public utility companies and cable television sys-tems, to lay pipe and conduits under roads or highways under the board’s jurisdiction. 2. A board of county commissioners has the express power to adopt rules, regulations and conditions related to road crossing permits issued pursuant to 69 O.S.2011, § 1401. This broad regulatory power includes the author-ity to charge fees for road crossing permits. 3. The amount of a road crossing permit fee must be reasonably related to the costs of administering and regulat-ing the permit issued pursuant to 69 O.S.2011, § 1401. The fees shall not be used as a revenue-generating measure. 4. A road crossing permit fee must be deposited into an account to offset the costs to the county for administering and regulating the permit. There is no prohibition against depositing these funds into the county highway fund as authorized by 69 O.S.2011, § 1503 if funds from that account are expended by the county. 5. A board of county commissioners=s regulatory authority to adopt rules, regulations and conditions includes the power to assess a fine for non-compliance with rules regarding road crossing permits issued pursu-ant to 69 O.S.2011, § 1401. See Jackson v. State, 211 P. 1066, 1071- 72 (Okla. Crim. App. 1923) . 6. Title 28 O.S.2011, § 13, which pro-hibits the charging of unauthorized fees by public officers, is applicable to county commissioners who know-ingly charge a fee or levy a fine not authorized by law. A fee or fine in excess of the amount reasonably required for administration and regulation of the permit would be unlawful. It is within the discretion of the district attorney to determine whether to file charges pursuant for a violation of this statute. Rideout v. Wynn, 987 P.2d 446, 448 (Okla. Civ. App. 1999). E. SCOTT PRUITT Attor ney General of Oklahoma SANDRA D. RINEHART Senior Assista nt Attor ney General Opinion 2012-11 The Hon. Seneca Scott Aug. 20, 2012 State Representative, District 72 1. Once a county elects to come un-der the County Budget Act, all the county’s agencies, instrumentalities, departments, offices, boards and commissions are required to comply with the County Budget Act. 19 O.S.2011, § 1404(7). 2. A county budget board is responsible for preparing the county budget but |
Date created | 2012-11-13 |
Date modified | 2012-11-13 |