THE ATTORNEY GENERAL HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR LEGAL ADVISE ON THE STATE REGENTS' POWERS TO REGULATE AND MONITOR THE FUNCTIONAL NAME CHANGE OF AN INSTITUTION WITHIN THE STATE SYSTEM FOR HIGHER EDUCATION.
THE CONFERENCE HAS REVIEWED YOUR QUESTIONS AND HAS CONCLUDED THAT THE ANSWER TO THESE QUESTIONS INVOLVE ISSUES OF FACT WHICH CANNOT BE ISOLATED FROM THE QUESTIONS OF LAW. BECAUSE IN SUCH MATTERS, THERE IS NO LAWFUL WAY FOR THE ATTORNEY GENERAL TO OBTAIN AND CONSIDER FACTS AS EVIDENCE, AN ATTORNEY GENERAL OPINION CANNOT ADEQUATELY RESOLVE THESE ISSUES.
WE HAVE SINCE DISCUSSED THIS MATTER AND I ADVISED YOU THAT I WILL RESPOND TO THESE ISSUES IN AN INFORMAL LETTER. THE VIEWS EXPRESSED HEREIN ARE, THEREFORE, STRICTLY THOSE OF THE UNDERSIGNED ASSISTANT ATTORNEY GENERAL AND DO NOT IN ANY WAY REFLECT THE OFFICIAL OPINION OF THE ATTORNEY GENERAL.
ARTICLE XIIIA, SECTION 2 OF THE OKLAHOMA CONSTITUTION ESTABLISHES THE STATE REGENTS AS THE CO-ORDINATING BOARD OF CONTROL AND SPECIFIES ITS POWERS AND DUTIES. THE PLAIN, UNAMBIGUOUS LANGUAGE OF THIS SECTION GIVES THE STATE REGENTS THE SOLE AUTHORITY TO DETERMINE THE FUNCTION AND MISSION OF AN INSTITUTION WITHIN THE STATE SYSTEM OF HIGHER EDUCATION.1 SECTION 2 PROVIDES IN RELEVANT PART:
ALL REFERENCE TO INSTITUTIONS IN THIS LETTER WILL BE TO INSTITUTIONS WITHIN THE STATE SYSTEM OF HIGHER EDUCATION.
"THERE IS HEREBY ESTABLISHED THE OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION . . . THE REGENTS SHALL CONSTITUTE A COORDINATING BOARD OF CONTROL FOR ALL STATE INSTITUTIONS DESCRIBED IN SECTION 1 HEREOF, WITH THE FOLLOWING SPECIFIC POWERS: (1) IT SHALL PRESCRIBE STANDARDS OF HIGHER EDUCATION APPLICABLE TO EACH INSTITUTION; (2) IT SHALL DETERMINE THE FUNCTIONS AND COURSES OF STUDY OF EACH OF THE INSTITUTIONS TO CONFORM TO THE STANDARDS PRESCRIBED; . . ." (EMPHASIS ADDED)"
ARTICLE XIIIA, SECTION 1 OF THE CONSTITUTION REFERRED TO IN SECTION 2 PROVIDES AS FOLLOWS:
"ALL INSTITUTIONS OF HIGHER EDUCATION SUPPORTED IN WHOLE OR IN PART BY DIRECT LEGISLATIVE APPROPRIATIONS SHALL BE INTEGRAL PARTS OF THE UNIFIED SYSTEM TO BE KNOWN AS THE OKLAHOMA SYSTEM OF HIGHER EDUCATION." (EMPHASIS ADDED)"
THE STATE REGENTS' AUTHORITY TO DETERMINE THE FUNCTION OR TO CHANGE THE FUNCTION OF AN INSTITUTION HAS BEEN UPHELD BY THE OKLAHOMA SUPREME COURT AGAINST CONSTITUTIONAL CHALLENGE. BOARD OF REGENTS FOR OKL. A M COLLEGES V. OKL. STATE REGENTS FOR HIGHER EDUCATION, 497 P.2D 1062, 1069 (OKLA. 1972).
THE POWER TO NAME AN INSTITUTION OR THE AUTHORITY TO CHANGE THE INSTITUTION'S NAME IS NOT VESTED BY THE CONSTITUTION OR BY STATUTE IN ANY DEPARTMENT, BOARD OR COMMISSION OF THE STATE. EXCEPT FOR THE COMPREHENSIVE UNIVERSITIES WHICH WERE NAMED IN THE CONSTITUTION, THE LEGISLATURE HAS TRADITIONALLY EXERCISED ITS AUTHORITY TO NAME THE OTHER INSTITUTIONS AND TO CHANGE THEIR NAMES FROM TIME TO TIME. BOARD OF REGENTS FOR OKL. A M COLLEGES V. OKL. STATE REGENTS, SUPRA, 497 P.2D 1062. 1067.
IN THE BOARD OF REGENTS CASE THE LEGISLATIVE NAME CHANGE OF MURRAY STATE COLLEGE WAS PRECEDED BY AN ACTUAL CHANGE IN FUNCTION AT THE DIRECTION