minimum standard in Oklahoma

2023Bar Ass'n v. Elsey , 2019 OK 81 , 455 P.3d 903 . ¶5 Elsey is aware that these allegations would constitute at a minimum a violation of Rule 8.4(b) of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2021, ch. 1, app. 3-A, and Rule 1.3 of the RGDP, as well as his oath as an attorney. ¶6 Elsey's affidavit of resignation further states: a.

2023Bar Ass'n v. Elsey , 2019 OK 81, 455 P.3d 903. ¶5 Elsey is aware that these allegations would constitute at a minimum a violation of Rule 8.4(b) of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2021, ch. 1, app. 3-A, and Rule 1.3 of the RGDP, as well as his oath as an attorney. ¶6 Elsey's affidavit of resignation further states: a.

2021Oklahoma Real Estate Appraiser Bd. , 2011 OK 86 , ¶ 15, 270 P.3d 133, 137-138 (When an administrative board acts in an adjudicative capacity, it functions much like a court, and such proceedings require a minimum standard of due process such as notice and an opportunity to be heard.). 26 Del City v. FOP, Lodge No. 114 , 1993 OK 169 , 869 P.2d 309, 312-313 (Constitution should be construed by officials to harmonize all of its provisions and the public duties of all officials), explaining Smartt v. Bd. of County Comm'rs , 1917 OK 590 , 169 P. 1101, 1102 .

2021Oklahoma Real Estate Appraiser Bd. , 2011 OK 86 , ¶ 15, 270 P.3d 133, 137-138 (When an administrative board acts in an adjudicative capacity, it functions much like a court, and such proceedings require a minimum standard of due process such as notice and an opportunity to be heard.). 26 Del City v. FOP, Lodge No. 114 , 1993 OK 169 , 869 P.2d 309, 312-313 (Constitution should be construed by officials to harmonize all of its provisions and the public duties of all officials), explaining Smartt v. Bd. of County Comm'rs , 1917 OK 590 , 169 P. 1101, 1102 .

2015I T9 The Sanchez Brothers' first contention is the agéney erred in relying. on testing methodology that failed to meet the minimum standard for reliability set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993).

2015I T9 The Sanchez Brothers' first contention is the agéney erred in relying. on testing methodology that failed to meet the minimum standard for reliability set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993).

2011The only person reviewing her, and testifying regarding her performance, was a competing license holder with a pecuniary interest in the outcome who is married to the disciplined appraiser's ex-husband. 115 When an administrative board acts in an adjudicative capacity, it functions much like a court. 13 Consequently, such proceedings require a minimum standard of due process such as notice and an opportunity to be heard. 14 In Wolfenbarger v. Hennessee, 1974 OK 38, ¶¶ 10-15 , 520 P.2d 809 , a case involving a city council's revocation of a pawnbroker's license, the Court explained that an admi

2011The only person reviewing her, and testifying regarding her performance, was a competing license holder with a pecuniary interest in the outcome who is married to the disciplined appraiser's ex-husband. 115 When an administrative board acts in an adjudicative capacity, it functions much like a court. 13 Consequently, such proceedings require a minimum standard of due process such as notice and an opportunity to be heard. 14 In Wolfenbarger v. Hennessee, 1974 OK 38, ¶¶ 10-15 , 520 P.2d 809 , a case involving a city council's revocation of a pawnbroker's license, the Court explained that an admi

1998Id. 441 U.S. at 433 , 99 S.Ct. 1804 .

1998Id. 441 U.S. at 433 , 99 S.Ct. 1804 .

1998Id. 441 U.S. at 433 , 99 S.Ct. 1804 .

1994The rule does not apply when ‘(a) plaintiff is chargeable with knowledge of facts which he ought to have discovered in the exercise of reasonable diligence.’” 831 P.2d at 630 (quoting Daugherty v. Farmers Coop.

1991Applying two well established rules of statutory construction, that the intent of statutory construction is to ascertain and follow the intent of the Legislature, Hess v. Excise Board of McCurtain County, 698 P.2d 930 , 932 (Okla. 1985) and that statutes must be interpreted in accordance with the plain ordinary meaning of the language used in the statutes, Matter of Income Tax Protest of Ashland Exploration, Inc., 751 P.2d 1070 , 1073 (Okla. 1988), we conclude that a city or municipality may adopt neither a mechanical code which is less stringent than the State adopted 1990 BOCA Mechanical Cod

1991Applying two well established rules of statutory construction, that the intent of statutory construction is to ascertain and follow the intent of the Legislature, Hess v. Excise Board of McCurtain County, 698 P.2d 930 , 932 (Okla. 1985) and that statutes must be interpreted in accordance with the plain ordinary meaning of the language used in the statutes, Matter of Income Tax Protest of Ashland Exploration, Inc., 751 P.2d 1070 , 1073 (Okla. 1988), we conclude that a city or municipality may adopt neither a mechanical code which is less stringent than the State adopted 1990 BOCA Mechanical Cod

1988"We ... hold that, where a criminal defendant is charged with escape and claims that he is entitled to an instruction on the theory of duress or necessity, he must proffer evidence of a bona fide effort to surrender or return to custody as soon as the claimed duress or necessity had lost its coercive force." Id. at 415 , 100 S.Ct. at 637 . "[I]t is essential that the testimony given or proffered meet a minimum standard as to each element of the defense so that, if a jury finds it to be true, it would support an affirmative defense — here that of duress or necessity." Id.

1988"We ... hold that, where a criminal defendant is charged with escape and claims that he is entitled to an instruction on the theory of duress or necessity, he must proffer evidence of a bona fide effort to surrender or return to custody as soon as the claimed duress or necessity had lost its coercive force." Id. at 415 , 100 S.Ct. at 637 . "[I]t is essential that the testimony given or proffered meet a minimum standard as to each element of the defense so that, if a jury finds it to be true, it would support an affirmative defense — here that of duress or necessity." Id.

1987Grannis v. Ordean, 234 U.S. 385, 394 , 34 S.Ct. 779, 783 , 58 L.Ed. 1363 (1914), and in this instance the procedure based upon the compact was insufficient to meet this minimum standard.

1987Grannis v. Ordean, 234 U.S. 385, 394 , 34 S.Ct. 779, 783 , 58 L.Ed. 1363 (1914), and in this instance the procedure based upon the compact was insufficient to meet this minimum standard.

1980The premiums on all such bonds are to be paid in the manner prescribed in 865, supra. (Richard F. Berger) SEE: Okl., 645 P.2d 1011

1971In support of this proposition the Attorney General cites Whitehead v. United States, 155 F.2d 460 (CA 6, 1946), wherein the following was stated at page 462: “It is, however, universal practice, everywhere understood, that the minimum requirement for the continuance of judicial grace is that the defendant shall not, during the probationary period, again commit a felony.

1965This is particularly true under application of the rule in Roadway Express, Inc. v. Baty et al., 189 Okl. 180 , 114 P.2d 935, 937 , which declares that mere compliance with a statutory duty is not sufficient to relieve a person from liability for negligence.

1965This is particularly true under application of the rule in Roadway Express, Inc. v. Baty et al., 189 Okl. 180 , 114 P.2d 935, 937 , which declares that mere compliance with a statutory duty is not sufficient to relieve a person from liability for negligence.

1954Statutory provisions, which are almost identical to those contained in the Turnpike Act at bar, were construed by the U. S. District Court for the Southern District of West Virginia in Guaranty Trust Company v. West Virginia Turnpike Commission, 109 F.Supp. 286, 297 , in which it was alleged that the provision in that act corresponding with the provision contained in the Oklahoma Statute constituted a minimum standard of construction and prohibited the construction of a turnpike in stages.

1945Being special in its enactment, it is in no wise impaired by the curative provision, which is general (Palmer v. King, 75 Okla. 276 , 183 P. 411 ; In re State Treasury Note Indebtedness, 185 Okla. 10 , 90 P. 2d 19 ).

1945Being special in its enactment, it is in no wise impaired by the curative provision, which is general (Palmer v. King, 75 Okla. 276 , 183 P. 411 ; In re State Treasury Note Indebtedness, 185 Okla. 10 , 90 P. 2d 19 ).

1945Being special in its enactment, it is in no wise impaired by the curative provision, which is general (Palmer v. King, 75 Okla. 276 , 183 P. 411 ; In re State Treasury Note Indebtedness, 185 Okla. 10 , 90 P. 2d 19 ).

1945Being special in its enactment, it is in no wise impaired by the curative provision, which is general (Palmer v. King, 75 Okla. 276 , 183 P. 411 ; In re State Treasury Note Indebtedness, 185 Okla. 10 , 90 P. 2d 19 ).