Legal Opinion

Opinion No. (1997)

Oklahoma Attorney General Reports

Decided March 28, 1997Published

1Opinion of the Court

Dear Fire Marshal Wilson

¶ 0 This office has received your office's request for an Opinion asking, in effect, the following question:

Are the provisions of 74 O.S. 1991, § 324.4[74-324.4], which mandatethat the State Fire Marshal retire by age sixty-five (65), andwhich further mandate that no applicant for the position of StateFire Marshal can exceed the age of fifty-five (55), contrary tothe Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634?

¶ 1 The statute which prompted this inquiry reads in pertinent part:

The Commission shall appoint a full-time State Fire Marshal. . . . The State…

2Cases cited9 opinions

  1. Fitzpatrick v. BitzerSupreme Court of the United States · 1976
  2. Free v. BlandSupreme Court of the United States · 1962
  3. Sperry v. Florida Ex Rel. Florida BarSupreme Court of the United States · 1963
  4. City of New York v. Federal Communications CommissionSupreme Court of the United States · 1988
  5. Western Air Lines, Inc. v. CriswellSupreme Court of the United States · 1985

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