The Office of Attorney General William Tong
Formal Opinions
Page 16 of 41
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Your department has requested a formal opinion concerning the following questions: “What impact, if any, does the placement of a lis pendens against property (real estate) have upon the bond limit set for a properly licensed and authorized bondsman, when the property in question has been designated as an asset by the bondsman in the calculation of their authorized bond limit?”
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Honorable Nancy Wyman, Comptroller, Formal Opinion 2006-004, Attorney General, State of Connecticut
You have asked for a formal legal opinion concerning the State's options when a pharmacy that is part of the State's network of provider pharmacies refuses to dispense a certain prescription drug to covered members of the State's prescription drug insurance plans.
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You have asked for an interpretation of Conn. Gen. Stat. § 26-3 as regards DEP's authority to take any animal by whatever means reasonably necessary to carry out its functions, even if the means DEP intends to use is contrary to another statutory provision.
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You recently wrote to this office explaining your desire to establish a global combined investment fund to replace nine combined investment funds currently in use. The proposed combined investment fund would include retirement funds as well as seven non-retirement trust funds (hereinafter the "seven funds").
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Alan S. Plofsky, State Ethics Commission, 1997-010 Formal Opinion, Attorney General of Connecticut
This letter is in response to your February 6, 1997 inquiry regarding the Legislative Regulations Review Committee's rejection without prejudice of your agency's proposed regulations implementing amendments to the lobbyist registration laws set forth in Public Act 96-11.
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This is in response to a request by former Commissioner Heslin for an opinion of the Attorney General concerning whether a board or commission member who is disqualified from acting and voting on a particular matter because of a conflict of interest, may, for the purposes of Conn. Gen. Stat. § 21a-7(6), be counted in determining if a quorum of such board or commission is present to legally act.
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On September 25, 1995, the Attorney General issued a formal opinion concerning the regulation of invalid coach and wheelchair livery services within the State of Connecticut. The Office of Emergency Medical Services ("OEMS") regulates invalid coach service as an ambulance service pursuant to Conn. Gen. Stat. §19a-180. The Department of Transportation ("DOT") regulates the transportation of livery service for the elderly and the handicapped pursuant to Conn. Gen. Stat. §13b-105. Subsequent to the issuance of the opinion, a question has arisen regarding the distinction between invalid coach and wheelchair livery service, and therefore, whether the regulation of a particular transportation service falls under the jurisdiction of OEMS or DOT.
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This letter is in response to a request from Karen McDonough, Division Counsel for the Office of the Comptroller’s Retirement and Benefit Services Division, for a legal opinion as to whether the State of Connecticut will recognize a same-sex domestic partnership entered in Seattle, Washington, by a retired Connecticut state employee.
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We are replying to your letter of January 16, 1997 in which you ask a number of questions concerning the legality and propriety of Mr. John B. Meskill's January 15, 1997 resignation as executive director of the Division of Special Revenue (the "Division") to become the executive director of the Mashantucket Pequot Tribal Gaming Commission (the "Tribal Commission"). In particular, you would like to know (1) whether the specific revolving door limitation contained in General Statutes
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You have asked the advice of the Office of the Attorney General as to "whether Connecticut General Statute 17a-543 includes the Connecticut Department of Correction and/or whether Connecticut General Statute 17a-540(a) definition of 'facility' includes the Connecticut Department of Correction."
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Upon a recommendation of the federal government, your agency requested a formal opinion from the Attorney General concerning two grantees which currently receive Community Service Block Grant (CSBG) funding. The opinion concerns whether the grantees are "eligible entities" as defined in 42 U.S.C. § 9902(1).
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You have asked what regulatory authority the Elections Enforcement Commission ("EEC") has with respect to alleged violations of Conn. Gen. Stat. §2-30a(b), which provides in relevant part: "No expenditure of state funds shall be made to influence electors to vote for or against any such proposed constitutional amendment."
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In your letter of August 12, 1993, you relate that by a Resolve of May, 1824, a Borough of Newtown was created. Subsequently the General Assembly passed 1931 Special Act No. 290 and 1953 Special Act No. 106 also relating to the formation of this borough. You ask three questions relating to this borough. First you ask whether the borough may be dissolved. Secondly you ask the procedure in accomplishing this dissolution. Thirdly you ask what legal requirements are imposed upon the officials of the borough to assist residents in bringing about dissolution.
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We are responding to your request for advice as to how a December 8, 1994 informal opinion to former Commissioner Nicholas Cioffi regarding the Department of Public Safety Division of Fire, Emergency, and Building Services' civil regulatory jurisdiction over certain activities on the Mashantucket Pequot Reservation ("Reservation") would "impact the services" your agency provides with respect to boxing on the Reservation.
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This is in response to your letter dated July 23, 1993, wherein you asked our opinion concerning the application of Public Act 93-288 (the Act) to cost of living adjustments (COLAs) for certain injured employees and their dependants.