City of Sand Springs v. Department of Public Welfare

62 Citing cases

  1. Oklahoma Public Employees v. Ok. Dept. of Central SVCS

    2002 OK 71 (Okla. 2002)   Cited 45 times

    The policies, rules, and regulations for DHS are for the administration of the duties of the Department. We said in City of Sand Springs v. Department of Public Welfare, 1980 OK 36, 608 P.2d 1139, "This mandatory constitutional requirement that the Commission formulate policies for the effective administration of its duties is indicative of a constitutional mandate from the people to the Commission to legislate when necessary to accomplish effectively the duties imposed upon the body." Id.

  2. Indep. Sch. Dist. of Okla. Cnty. v. Hofmeister

    2020 OK 56 (Okla. 2020)   Cited 34 times
    Awaiting mandate

    Reynolds v. Fallin , 2016 OK 38, ¶¶ 26-27, 374 P.3d 799, 811-812. 1980 OK 36, 608 P.2d 1139. 1969 OK 118, 462 P.2d 536.

  3. Drummond v. Okla. Statewide Virtual Charter Sch. Bd.

    2024 OK 53 (Okla. 2024)

    We have held that "[w]here statutes conflict in part, the one last passed, which is the later declaration of the Legislature, should prevail, superseding and modifying the former statute only to the extent of such conflict." City of Sand Springs v. Dep't of Pub. Welfare, 1980 OK 36, ¶ 28, 608 P.2d 1139, 1151. The section regarding the prohibition on sectarian schools remained in the amended Act, and the Act controls over the ORFA.

  4. Lodge No. 188 v. Tulsa Board, Cty. Comm

    2000 OK 2 (Okla. 2000)   Cited 25 times
    Finding that legislature did not impermissibly delegate rule-making authority because county jails were subjected to the same standards whether they were operated by a county or private company

    Mistretta v. United States, 109 S.Ct. 647, 654 (1989); Democratic Party v. Estep, 1982 OK 106, n. 23, 652 P.2d 271, 277 n. 23 (1982).City of Sand Springs v. Dept. of Pub. Welfare, 1980 OK 36, ¶ 7, 608 P.2d 1139, 1144; Isaacs v. Oklahoma City, 1967 OK 267, ¶ 11, 437 P.2d 229, 233.Estep, 1982 OK 106, ¶ 16, 652 P.2d 271, 277.

  5. Stitt v. Treat

    2024 OK 21 (Okla. 2024)   Cited 2 times

    Where statutes conflict in part, the one last passed, which is the later declaration of the Legislature, should prevail, superseding and modifying the former statute only to the extent of such conflict. City of Sand Springs v. Dep't of Public Welfare, 1980 OK 36, ¶ 28, 608 P.2d 1139, 1151 (citations omitted). We find no irreconcilable conflict between S.B. 26x and H.B. 1005x and the plain text of 68 O.S. § 346 and 74 O.S. § 1221.

  6. Okla. Call for Reprod. Justice v. Drummond

    2023 OK 24 (Okla. 2023)   Cited 5 times
    In Oklahoma Call for Reproductive Justice v. Drummond, 2023 OK 24, 526 P.3d 1123, ("OCRJI") the petitioners challenged 21 O.S. § 861, which was enacted in 1910 and prohibits elective abortion, alleging that the statute violated a woman’s right to terminate a pregnancy under the Oklahoma Constitution.

    Section 1-731.4 became effective in August of 2022 (S.B. 612, 2022 Okla. Sess. Laws ch. 11) and therefore was enacted after § 861. Repeals by implication are not favored and all statutory provisions must be given effect if possible. City of Sand Springs v. Dept. of Public Welfare, 1980 OK 36, ¶28, 608 P.2d 1139, 1151. Nothing short of irreconcilable conflict between statutes accomplishes a repeal by implication.

  7. Okla. State Med. Ass'n v. Corbett

    2021 OK 30 (Okla. 2021)   Cited 3 times

    While it is "well settled" in this jurisdiction that the power to determine the policy of the law is primarily legislative and cannot be delegated, the power to make rules of a subordinate character in order to carry out the policy legislatively determined and to apply that policy to varying factual conditions, although sharing the attributes of legislative exercise of power, is in its major sense an administrative duty which may be delegated properly to an administrative body by the Legislature. City of Sand Springs v. Dep't of Pub. Welfare, 1980 OK 36, ¶7, 608 P.2d 1139, 1144. ¶13 We agree with the Petitioners' assertion that the Legislature has not authorized the creation of the SoonerSelect program.

  8. Fraternal Order Police v. City of Norman

    2021 OK 20 (Okla. 2021)   Cited 8 times
    In Fraternal Order of Police v. City of Norman, 2021 OK 20, 489 P.3d 20, we discussed willfulness for the purpose of a violation of the OMA.

    "[A]ll statutory provisions must be given effect if possible." City of Sand Springs v. Dep't of Pub. Welfare, 1980 OK 36, ¶ 28, 608 P.2d 1139, 1151. "In construing statutes, harmony, not confusion, is to be sought and when parts of an act are reasonably susceptible of a construction which will give effect to both . . . without violence to either, such construction should be adopted . . . ."

  9. Okla.'s Children, Our Future, Inc. v. Coburn

    2018 OK 55 (Okla. 2018)   Cited 4 times
    Discussing statutory provision establishing the sufficiency of substantial compliance with the required petition form

    Further, the general rule of statutory construction is that later-enacted legislation controls over the earlier-enacted provisions, and in the case of an irreconcilable conflict in statutory language, the later enacted statute modifies the earlier statute. See 75 O.S. 2011 § 22 ; City of Sand Springs v. Dep't of Pub. Welfare , 1980 OK 36, ¶¶ 27-28, 608 P.2d 1139. ¶50 Applying the above jurisprudence, it is evident that the 1961 amendment to 34 O.S. § 1, coming as it did right after a decision of this Court determining that substantial compliance was sufficient and an exact copy of the text of the measure was not required, represents legislative intent to change existing law.

  10. FENT v. HENRY

    2011 OK 10 (Okla. 2011)   Cited 9 times
    Finding that the Judicial Nominating Commission's decisions are valid when decided by a majority of its members

    American Ins. Assoc., v. State Indust. Com'n, 1987 OK 107, ¶ 7, 745 P.2d 737 [Recognizing that repeal by implication is only invoked when a later statute covers the whole subject matter of an earlier statute and contains new provisions which show that is was intended as a substitute and that the later is repugnant to and inconsistent to a prior statute.]. City of Sand Springs v. Department of Public Welfare, 1980 OK 36, ¶ 28, 608 P.2d 1139 [Nothing short of irreconcilable conflict between statutes accomplishes a repeal by implication.]. Standard Co. Dairy v. Allen, 1940 OK 408, ¶ 0, 108 P.2d 164 [T]itle included "[repealing all Laws and parts of law in conflict with this Act."]. ¶ 12 On November 2, 2010, State Question 752 was approved by the voters by a margin of 606,805, yes to 358,925, no.