The Office of Attorney General William Tong
Formal Opinions
Page 39 of 41
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This is in response to your recent request for an opinion on whether the Division of Special Revenue must conduct a hearing, under the provisions of the Uniform Administrative Procedure Act (UAPA), prior to revoking a lottery agent's license1 for failure to meet pre-established minimum sales levels for on-line and instant lottery ticket sales.2 Specifically, you inquire as to whether a lottery license is a "license" as that term is contemplated by the UAPA. We also understand that a question is raised as to the practical need for a hearing inasmuch as evidence of sales levels is documented and, presumably, incontestable.
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This letter responds to your request for an opinion regarding the legality of proposed legislation to extend the State’s ban on smoking in public places to the Foxwoods and Mohegan Sun Casinos (the “Casinos”).
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This is in response to your request for an opinion inquiring whether the Commissioner of Economic and Community Development ("Commissioner") has the authority to amend the assistance agreement (the "Agreement") between the former Department of Economic Development, now the Department of Economic and Community Development ("DECD"), and the Dun & Bradstreet Company ("Dun & Bradstreet"), and whether such amendment, if permissible, must be submitted to this office for approval.
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This is in response to your request for an opinion regarding Public Act 94-241 ("the Act") authorizing the establishment of "enterprise corridor zones" by three or more contiguous municipalities with the approval of the Commissioner of Economic Development. Businesses located within approved enterprise corridor zones receive the same tax benefits as those located in enterprise zones.
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Hon. John P. Burke, Department of Banking, 1995-024 Formal Opinion, Attorney General of Connecticut
You have asked this office for an opinion regarding your authority to approve and to regulate a branch (the "Branch") of a Connecticut bank (the "Bank") to be established in Foxwoods Casino (the "Casino") on the Mashantucket Pequot Reservation (the "Reservation") in Ledyard, Connecticut.
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The Honorable Nancy Wyman, Comptroller, 1995-019 Formal Opinion, Attorney General of Connecticut
This is in response to your predecessor, William E. Curry's request for an opinion inquiring whether the Departments of Mental Health, Mental Retardation, and Children and Family Services may operate trustee accounts for their outpatient clients as activity funds pursuant to Conn. Gen. Stat. § 4-52, et seq.
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In your letter dated December 5, 1990, you expressed concern over the extent of the financial responsibility to which the State is potentially exposed pursuant to Conn. Gen. Stat. § 28-14.
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Through you the Bridgeport Financial Review Board (hereinafter the "Board") has asked for our opinion regarding the procedure for setting the property tax rate in the city of Bridgeport (hereinafter the "city"). Specifically, you have inquired whether the City tax rate can be reset after the Board has taken action on the City's proposed annual budget which was predicated on a particular tax rate set by the City's Common Council under the provisions set for the in the City charter.
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As you have described in prior communications, including your recent letter to me dated April 28, 2004, the Office of Policy and Management ("OPM") and the Department of Public Works ("DPW") have been attempting to make an appropriate and beneficial disposition of certain surplus State property, namely the property and facilities known as the Norwich State Hospital (the "Hospital"). You previously requested and received from me a formal opinion (dated April 12, 2004) treating certain questions regarding the legal ramifications of allowing a consultant to the State, named Spaulding & Slye, to submit a competitive proposal for its own purchase and development of the Hospital after it had worked for many months, under contract to the State, studying the possible development and sale of the Hospital, and helping to solicit and evaluate proposals for the property from other parties.
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Your staff has asked whether persons convicted of violating Conn. Gen. Stat. § 53a-73a, Fourth Degree Sexual Assault, under Conn. Gen. Stat. §§ 53a-8 (Accessory), 53a-48 (Conspiracy), or 53a-49 (Attempt) are required to register pursuant to Conn. Gen. Stat. § 54-251. That statute requires registration of persons convicted of a "nonviolent sexual offense," defined as persons convicted of violating Conn. Gen. Stat. § 53a-73a.
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The Connecticut Real Estate Commission has requested the Attorney General's Office to render a formal legal opinion regarding the interpretation of C.G.S. § 20-317(a) as it relates to the following question: Does a non-resident real estate broker or real estate salesperson who is currently licensed in Connecticut under a bona fide Reciprocal Agreement need to qualify with course and experience and take a written exam to establish competency when such licensee becomes a resident of the State of Connecticut?
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Honorable Nancy Wyman, Comptroller, Formal Opinion 2009-008, Attorney General State of Connecticut
This letter responds to your request for a formal legal opinion as to whether Article Fourth, § 16, of the Connecticut constitution permits a Governor to veto individual line items in an appropriations bill
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Your office recently requested an opinion from this office regarding the following question: Whether a municipality, pursuant to Conn. Gen. Stat. § 12-162, may pursue and levy against the assets of delinquent municipal taxpayers held in custody by the State Treasurer in the form of abandoned property under the State's Unclaimed Property Laws?
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We are writing in response to your February 25, 1992, and February 27, 1992, requests for an Opinion on the constitutionality of proposed measures before the General Assembly which would impose durational residency requirements upon persons seeking General Assistance welfare benefits in the State of Connecticut. Specifically, you ask: 1) whether the State may deny General Assistance benefits to persons not satisfying a durational residency requirement; 2) whether the State may restrict General Assistance benefits for newcomers to a lower level of support than is available to longer term residents of Connecticut; and 3) whether any such restriction tied to the level of welfare support available in newcomers' previous states of domicile, is permissible.
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You have asked me to determine whether the Ethics Commission adhered to applicable state statutes and regulations when it informed Alan Plofsky, the Commission's Executive Director, of the Commission's desire to suspend him without pay for two weeks as a result of remarks he made on June 3, 2004, to the League of Women voters concerning former Governor Rowland.