The Office of the Attorney General William Tong
Formal Opinions
Page 26 of 42
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By letter of June 14, 2000, the Department of Revenue Services ("DRS") requested an opinion from my office as to whether a telephone recording system ("the system"), which the Collections and Enforcement Division ("C&E") of the DRS intends to implement, is in compliance with Conn. Gen. Stat. § 52-570d(a). Your agency also asked several other questions relating to implementation of the system.
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This is in response to your request for an opinion on whether the Watertown Scholarship Committee is eligible to receive a raffle permit. The central issue is whether this type of committee is an educational or charitable organization as required by Conn. Gen. Stat. §7-172(5).
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Senator George Jepsen, State Capitol, 2001-015 Formal Opinion, Attorney General of Connecticut
In response to your request, this is a formal opinion regarding whether advanced practice registered nurses ("APRNs"), licensed nurse-midwives and physician assistants in Connecticut are authorized to dispense, prescribe and administer the drug mifepristone (brand name "Mifeprex", also known as "RU-486") to women in licensed clinics for the purpose of terminating early pregnancies in a non-surgical manner.
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The Auditors of Public Accounts have notified this Office of what they consider to be an irregularity in the delegation of purchasing authority from the Department of Information Technology ("DOIT") to the Department of Social Services ("DSS") in connection with the selection of a contractor to administer and develop a management information system for DSS’s consolidated Child Care Assistance Program. Specifically, the Auditors express the opinion that the delegation of authority in question, if permitted under the Connecticut General Statutes, should have been made in writing, rather than given verbally, as appears to have been the case. The Auditors have asked whether this Office agrees with their position and, if so, they have suggested that we inform you.
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You have requested a formal opinion of the Attorney General as to "whether a former Deputy Sheriff, former High Sheriff or a State Marshal who resigns from his appointment may continue to collect wage executions they had served while acting in their official capacities."
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In your June 26, 2001 letter you request our opinion as to whether P.A. 01-141, §4 authorizes the Board of Trustees for the Connecticut State University System (CSUS) to establish, subject to authorization by the Board of Governors of Higher Education, a pilot education doctoral program to be conducted at one of its institutions only or whether such a doctoral program may be conducted at more than one of its institutions.
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Honorable George Jepsen, State Capitol, 2001-006 Formal Opinion, Attorney General of Connecticut
You have requested an opinion concerning the scope of the Governor’s authority to deploy the National Guard in the context of a nursing home strike at a number of nursing homes across Connecticut. In particular, you ask whether the National Labor Relations Act ("NLRA") would limit state activity that would "tend to favor, by intent or effect, either side in a labor dispute."
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This is in response to your letter dated December 4, 2000, in which you request our opinion on whether judicial marshals who transport prisoners in motor vehicles between various facilities within the State of Connecticut are required to have a special operator's license.
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You have requested our opinion of whether renewal of the certificate of authorization of a private occupational school on the basis of the school's institutional accreditation by an accrediting agency recognized by the United States Department of Education (USDOE) pursuant to Conn. Gen. Stat. §10a-22b(a), in lieu of the Connecticut Department of Higher Education's (DHE's) evaluation, effectively relieves that school of compliance with the requirements of Conn. State Ag. Regs. §10a-22k-5(f) regarding the contents and maintenance of a private occupational school's student attendance records so that the school is subject only to the student attendance record-keeping requirements, if any, of the particular USDOE recognized accrediting agency.
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You have forwarded questions from members of your staff related to operation "Stand Down." Specifically, you inquire whether the agency is authorized to fund Stand Down when it is possible that individuals may attend who are not "veterans," as defined in state statute. You also inquire about the potential liability of your Department in the event of misconduct by a Stand Down program participant in the form of an assault on another Stand Down participant.
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Your Department has asked our opinion whether Section 6 of Public Act 00-201 requires that an owner of a residential underground heating oil storage tank system contract with a registered contractor for all work necessary for the removal or replacement of that tank system, and remediation as may be necessary, in order for the Underground Storage Tank Petroleum Clean-Up Account Review Board ("Review Board") to reimburse eligible costs.
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Audrey Rowe, Department of Social Services, 1993-032 Formal Opinion, Attorney General of Connecticut
This is in response to your request for a formal opinion as to whether Connecticut's child support-related wage withholding legislation is in compliance with certain federal statutory and regulatory mandates.
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You have asked our opinion on several matters pertaining to the extent of the authority of the Municipal Police Training Council (MPTC) to impose mandatory training requirements upon those persons empowered by statute to act in the capacity of a police officer.
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As Chairman of the State Marshal Commission you have requested a formal Opinion of the Attorney General as to the following four questions: 1. While the State Marshal Commission has duly appointed all state marshals, none has been “sworn.” Must state marshals be "sworn"? If so, what oath is to be administered and who may administer it? 2. Does a state marshal have "police" or law enforcement powers? If so, what is the scope of such powers? 3. State marshals are referred to in the General Statutes as "peace officers." What powers are conferred upon "peace officers"? Are these the only "police" or law enforcement powers that state marshals possess? 4. Do you have any suggested modifications to the above certificate language?
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You have inquired whether the provisions of Special Act No. 01-7 (S.A. 01-7), and in particular Section 5 of the Special Act, empower the Hartford School Building Committee, created by the Special Act, to hire a school construction or program manager of its choosing, without having to comply with the strictures and mandates of the Hartford City Charter and various municipal ordinances or regulations addressing the purchase of goods and professional services by the city.