The Office of Attorney General William Tong
Formal Opinions
Page 6 of 41
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You have requested our opinion as to whether certain provisions of the retirement plan for state employees are preempted by federal law. In particular, you inquire as to the enforceability of state statutory and contractual provisions prohibiting those who qualify for military pensions from purchasing retirement credit for military service during war or national emergency.
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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.
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Prior to the merger of the Department of Health Services and the former Connecticut Alcohol and Drug Abuse Commission (CADAC), the Executive Director of CADAC, Dr. John Higgins-Biddle, requested a formal opinion from this Office regarding the impact of the federal regulations concerning confidentiality of alcohol and drug abuse patient records, 42 C.F.R. Part 2, or any other pertinent state or federal law or regulation related to patient confidentiality, on a new data system that CADAC was having designed by Andersen Consulting, Inc. After the merger of CADAC into the Department of Public Health and Addiction Services (DPHAS),1 you informed us that your Department is continuing with the development of the proposed data system, that the merger has not affected either the scope or nature of Dr. Higgins-Biddle's previous opinion request, and that you still need advice regarding the questions that he originally posed
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In your letter dated June 20. 1996, you requested our opinion as to whether the Commissioner of Higher Education must obtain authorization of the Governor under Conn. Gen. Stat. §3-7 prior to forgiving under Conn. Gen. Stat. §10a-163(f)(4) an uncollectible loan made pursuant to the Teacher Incentive Loan Program.
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In your letter of May 12, 1992, you join with Howard G. lger, M.D., Chairman of the Board of Pardons, in seeking our opinion as to the respective authority of the Governor and the Board in the granting of pardons for persons sentenced to death.
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You have asked for an opinion interpreting Conn. Gen. Stat. § 17a-101i(a) regarding the Department's obligation to notify and provide records to an employing superintendent of schools when it has substantiated abuse of a child by certain school employees. Specifically, you are requesting a determination as to whether the applicable notification requirements apply to abuse of any child or only to abuse of a child who is a student in the employing school or school system.
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You have asked for an advisory opinion concerning the appointment of members to the Connecticut Employment and Training Commission ("CETC"). The CETC has been designated Connecticut's state workforce investment board (board) pursuant to Conn. Gen. Stat. § 31-3h(b)(5), which implements the federal Workforce Investment Act of 1998, P.L. 105-200 ("WIA") Sec. 111(b)(1)(C). You have asked whether restrictions on appointments to the board contained in § 31-3i(b) conflict with appointment provisions of WIA, and if so, whether the state statutory provisions are preempted by the federal law.
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In response to questions raised by the Auditors of Public Accounts related to a whistleblower complaint, you have asked my opinion on two related questions concerning the Department of Social Services’ (the Department or DSS) administration of the federal Low Income House Energy Assistance Program (LIHEAP) in Connecticut, by and through Community Action Agencies
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I appreciated your September 25, 2007 letter raising additional questions about the Department's responsibilities under the federal Low Income House Energy Assistance Program (LIHEAP)
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As Chairman of the State Marshal Commission, you have requested a formal opinion of the Attorney General as to whether state marshals are prohibited from participating in a business entitled Connecticut Service Network, LLC
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You have asked for advice on whether inmates working within a correctional institution other than as part of an enterprise program combining State Use Industries with Private Sector Prison Industries may be considered employees of the Connecticut Department of Correction
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This is in response to your letter of August 3, 1993 concerning the Health Care Cost Containment Committee (HCCCC) and U.S. Healthcare. Pursuant to Conn. Gen. Stat. § 5-259, you have the statutory obligation to establish group hospitalization, medical and surgical insurance coverage for state employees, retirees and others, and are authorized to enter into contracts for that purpose.
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You have asked whether transfers of surplus State property to municipalities, pursuant to Conn. Gen. Stat. § 3-14b , or pursuant to special or public acts of the Connecticut General Assembly directing the disposition of particular parcels of property, implicate the provisions of the Connecticut Environmental Policy Act
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This opinion is in response to your letter dated June 19, 2006, requesting advice as to certain issues relating to the Connecticut estate tax that arise from legislation enacted by the General Assembly in 2005.
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Senator Sullivan and Jepsen, State Capitol, 2002-021 Formal Opinion, Attorney General of Connecticut
You have asked for an opinion regarding the provision of § 17b-8(a) of the General Statutes, under which the Commissioner of the Department of Social Services ("Commissioner") is required to submit applications for waivers of federal assistance program requirements to the Joint Committee on Appropriations and the Joint Committee on Human Services ("Joint Committees").