guise rule (Oklahoma) · Go Syfert
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guise rule in Oklahoma

8 Oklahoma opinions name it 3 courts 1974–1996 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Adams v. Professional Practices Commissiongreen
okla · 1974 · cited in 6 Oklahoma opinions naming this issue, 1978–1984
2 sentences

1984See, 82 O.S.1981, § 1020.2, supra. Also, see, Adams v. Professional Practice Comm’n, 524 P.2d 932 (Okl.1974), which holds that an administrative agency may not under the guise of its rule making power act contrary to the statute which is the source of its authority.

1984See, 82 O.S. 1981 , § 1020.2, supra. Also, see, Adams v. Professional Practice Comm'n, 524 P.2d 932 (Okl. 1974), which holds that an administrative agency may not under the guise of its rule making power act contrary to the statute which is the source of its authority.

16
Martin v. Reedgreen
gactapp · 1991 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
2 sentences

1996“Those patients who may have negligently injured themselves are nevertheless entitled to subsequent non-negligent medical treatment and to an undiminished recovery if such subsequent non-negligent treatment is not afforded.” Martin v. Reed, 200 Ga.App. 775 , 409 S.E.2d 874, 877 (1991).

1996“Those patients who may have negligently injured themselves are nevertheless entitled to subsequent non-negligent medical treatment and to an undiminished recovery if such subsequent non-negligent treatment is not afforded.” Martin v. Reed, 200 Ga.App. 775 , 409 S.E.2d 874, 877 (1991).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State Ex Rel. Nesbitt v. District Court of Mayes County green
okla · 1968
1 sentence

1978Ct. of Mayes County, Okla., 440 P.2d 700 (Okl. 1967): "In absence of explicit legislative or constitutional expression to the contrary, the Attorney General possesses complete dominion over every litigation in which he properly appears in the interest of the State whether or not there is a realtor or some other nominal party." A state board or agency may not under the guise of its rule making, or in this case contract making, power extend the scope of its authority beyond those limits set by statute.

11978–1978
Boydston v. State green
okla · 1954
1 sentence

1978Boydston v. State, 277 P.2d 138 (Okla. 1955); Adams v. Professional Practices Commission, 524 P.2d 932 (Okla. 1974).

11978–1978
Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board green
calctapp · 1959
1 sentence

1974Generally, when a rule or regulation is adopted and such rule conflicts with the statute granting said authority, the courts follow the rule as stated in Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board, 338 P.2d 50 (Cal. 1959) wherein the Court stated: "It is true that an administrative agency may not, under the guise of this rule making power, abridge or enlarge the authority or exceed the powers given to it by statute, the source of its power." Here, it is apparent that the Legislature has intended that the only fees contemplated are those set forth in Se

11974–1974

Where else courts name it

CA 30 (1943–2020) TX 10 (1983–2026) NY 9 (1910–2026) MO 8 (1929–2025) OK 8 (1974–1996) MS 8 (1963–2013) NJ 7 (1955–1999) WY 7 (1974–2019) MI 6 (1894–2015) IL 5 (1999–2024) AR 5 (1985–2022) PA 3 (1914–1991) FL 3 (1970–2017) IN 3 (1994–2019) GA 3 (1943–2023) MN 2 (1915–2004) OH 2 (1929–2021) UT 2 (1950–2022) CT 2 (2009–2009) DC 2 (1999–1999) DE 2 (1975–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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