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BAILEY v. STATE EX REL. BOARD OF TESTS

No. 118,532.

510 P.3d 845 (2022)

2022 OK 50

Courtney BAILEY, Kenneth Baxter, Oscar Bernal, Kevin Buckmaster, Ezequiel Cardenas-Mekia, Benjamin Clements, Chance Gimlin, Alex Hill, Melanie Hunter, Lannette Jorday, Corbin Lacey, Colton Lientz, Trevor McFarland, Johnny Needham, Amber Osei, Regin Prem-Amand, Donald Riley, Darin Seebeck, Kala van Kirk, and Austin Vasicek, Plaintiffs/Appellees, v. STATE of Oklahoma, EX REL., BOARD OF TESTS FOR ALCOHOL AND DRUG INFLUENCE, and Kevin Behrens, and State of Oklahoma, ex rel. Department of Public Safety, Rusty Rhoades, Commissioner, Defendants/Appellants.

Supreme Court of Oklahoma.

FILED May 24, 2022.

Attorney(s) appearing for the Case

Kevin L. McClure , Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, Oklahoma, for Defendants/Appellants.

Brian K. Morton , Oklahoma City, Oklahoma, for Plaintiffs/Appellees.

¶1 The issue before us is whether the evidence was sufficient to show a prima facie case that an official committed a willful violation of the Open Meeting Act when he did not send a notice of a special meeting to the Secretary of State. We hold the evidence was insufficient to show a prima facie willful violation of a statute...

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