THE SAME STATUTORY SCHEME SHOULD BE GIVEN A CONSTRUCTION WHICH WILL RESULT IN HARMONIZING THE PROVISIONS AND GIVING REASONABLE EFFECT TO BOTH SECTIONS WITHOUT DOING VIOLENCE TO EITHER. WHERE TWO CONSTRUCTIONS ARE POSSIBLE, THE ONE AVOIDING THE CONFLICT IS PREFERABLE TO ONE, ALTHOUGH REASONABLE, WHICH LEADS TO THE CONCLUSION THAT A CONFLICT EXISTS".
ROACH V. ATLAS LIFE INS. CO., 769 P.2D 158, 163 (OKL.1989).
WITH RESPECT TO THE AUTHORITIES OF THE COMMISSIONER AND THE COMMITTEE, A HARMONIOUS CONSTRUCTION IS POSSIBLE. THE LEGISLATURE DEVISED A SYSTEM FOR THE ADMINISTRATION OF THE ACT'S EXAMINATIONS AND CHARGED THE COMMITTEE WITH THE PRIMARY DUTY OF CARRYING OUT THE EXAM PROGRAM. IN ADDITION, THE COMMISSIONER IS NOT ABLE TO CHOOSE EXAM TIME AND LOCATIONS IN CONTRACTING FOR EXAM FACILITIES WITHOUT THE COMMITTEE'S AUTHORIZATION. AS A RESULT, THE LEGISLATURE DID NOT INTEND TO AUTHORIZE THE COMMISSIONER TO CHOOSE AN EXAM TIME AND LOCATION IN CONTRAVENTION OF THE COMMITTEE.
YOUR FINAL QUESTION ASKS WHAT RECOURSE THE COMMITTEE HAS SHOULD THERE BE VIOLATIONS OF THE ACT. THIS QUESTION IS BEYOND THE SCOPE OF THE OPINION PROCESS AS THERE IS NO STATUTORILY ESTABLISHED REMEDY THAT ADDRESSES THE DISPUTE OVER STATUTORY INTERPRETATION THAT IS THE SUBJECT OF YOUR OPINION REQUEST. AS A RESULT, THERE ARE A NUMBER OF OPTIONS FOR RECOURSE, AND THE CHOICES INVOLVE THE EXERCISE OF EXECUTIVE JUDGMENT OR DISCRETION. HOWEVER, ONE ALTERNATIVE IS THE RECOURSE YOU HAVE CHOSEN, ASKING FOR AN ATTORNEY GENERAL OPINION, WHICH MAY ASSIST IN STATUTORY INTERPRETATION.
(BRITA HAUGLAND CANTRELL)