Opinion No. 68-320 (1968) Ag

CourtOklahoma Attorney General Reports
DecidedSeptember 26, 1968
StatusPublished

This text of Opinion No. 68-320 (1968) Ag (Opinion No. 68-320 (1968) Ag) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Opinion No. 68-320 (1968) Ag, (Okla. Super. Ct. 1968).

Opinion

Professional Corporation — Engineering — Authorization Under 59 O.S. 475.1 [59-475.1] — 59 O.S. 475.39 [59-475.39] (1968), the requirement of a certificate of authorization is a mandatory condition precedent to corporate practice of engineering in Oklahoma. The Attorney General has had under consideration your letter dated September 19, 1968, wherein you request a formal opinion as to whether corporations engaged in the practice of engineering in Oklahoma are required to be issued a certificate of authorization. Senate Bill 524, Section 21, 31st Oklahoma Legislature, Second Session (1968), provides: "(1) The practice of or offer to practice engineering for others, as defined in Section 2, by individual engineers registered under this Act through a corporation as officers, employees, or agents is permitted, subject to the provisions of this Act; . . . provided, that said corporation has been issued a certificate of authorization by the Board, as hereinafter provided . . . "(2) A Corporation desiring a certificate of authorization shall file with the Board an application . . . ." The cardinal rule of statutory construction is to ascertain and give effect to legislative intent. Chapman v. Koenig, 205 Okl. 402,238 P.2d 357 (1951). In construing statutes, intention of the legislature, once ascertained, must govern, and to ascertain such intent all provisions of legislative enactment upon a particular subject should be construed together and given effect as a whole. State ex rel. Hampton v. Oakes, Okl., 281 P.2d 749 (1955). Determination of legislative intent should ordinarily be by consideration of the language of the statute. State v. Hampton, Okl., 298 P.2d 1073. The determination must also be based upon a consideration of the natural or absurd consequences of any particular interpretation. Thomas v. State, Okl.Cr., 404 P.2d 71 (1965). The province of statutory construction lies wholly within the domain of ambiguities. Rules of construction are to aid in resolving doubts, and not to create them. Ex Parte Higgs,97 Okl. Cr. 338, 263 P.2d 752 (1953). Where the language of a statute is clear and unambiguous, the statute must be held to mean what it plainly expresses; and no room is left for construction; and one cannot search for meaning beyond the statute itself. King v. State, Okl. Cr., 270 P.2d 370 (1954). Where the meaning of a statute is clear on its face, it must be enforced as written. Skelly Oil v. U.S., Okl., 255 F. Supp. 228 (N. D. Okl., 1966). Finding no ambiguity on the face of Senate Bill 524, Section 21, 31st Oklahoma Legislature, Second Session (1968), it is the opinion of the Attorney General that the requirement of a certificate of authorization is a mandatory condition precedent to corporate practice of engineering in Oklahoma. (Reid Robison) ** SEE: OPINION NO. 79-352 (1979) **

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Related

Thomas v. State
1965 OK CR 70 (Court of Criminal Appeals of Oklahoma, 1965)
Chapman v. Koenig
1951 OK 337 (Supreme Court of Oklahoma, 1951)
Ex Parte Higgs
1953 OK CR 160 (Court of Criminal Appeals of Oklahoma, 1953)
King v. State
1954 OK CR 47 (Court of Criminal Appeals of Oklahoma, 1954)
State v. Hamilton
1956 OK CR 62 (Court of Criminal Appeals of Oklahoma, 1956)
Skelly Oil Company v. United States
255 F. Supp. 228 (N.D. Oklahoma, 1966)
State ex rel. Hampton v. Oakes
1955 OK 61 (Supreme Court of Oklahoma, 1955)

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Bluebook (online)
Opinion No. 68-320 (1968) Ag, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-68-320-1968-ag-oklaag-1968.