Legal Opinion

Opinion No. (1997)

Oklahoma Attorney General Reports

Decided March 24, 1997Published

1Opinion of the Court

Dear Executive Director Coleman,

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

Is 27A O.S. Supp. 1996, § 2-10-308[27A-2-10-308] which sets standards forthe issuance of a "certificate of need" for a biomedical wastedisposal facility unconstitutionally vague?

¶ 1 There are two ways in which a lack of specificity may render a statute unconstitutional: (1) it may amount to a unconstitutional delegation of legislative power to the executive branch, Democratic Party of Oklahoma v. Estep, 652 P.2d 271 (Okla. 1982), or (2) it may give…

2Cases cited19 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. Mrs. Lola Hornsby v. Ivan Allen, Mayor of the City of AtlantaCourt of Appeals for the Fifth Circuit · 1964
  4. Levine v. WhalenNew York Court of Appeals · 1976
  5. Oklahoma Ass'n for Equitable Taxation v. City of Oklahoma CitySupreme Court of Oklahoma · 1995

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