Attorney General: Opinions
Opinions

2001 Formal Opinions
12/20/2001The Honorable John J. Ronan, Deputy Chief Court Administrator, 2001-029 Formal Opinion, Attorney General of Connecticut
  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.
 
12/20/2001Honorable Mitchell R. Harris, State Marshall Commission, 2001-028 Formal Opinion, Attorney General of Connecticut
  In your letter dated October 9, 2001 you requested an opinion of this office as to whether the State Marshal Commission has the authority to institute a policy and procedure for the service of restraining orders by state marshals.
 
12/18/2001The Honorable Kevin B. Sullivan, State of Connecticut, 2001-027 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request for a formal legal opinion regarding the authority of the Chief Court Administrator, the Honorable Joseph Pellegrino, to eliminate the Connecticut Superior Court’s Geographical Area 16 ("G.A. 16") by closing the G.A. 16 courthouse in West Hartford and expanding the boundaries of G.A. 14 to incorporate all of the towns that are currently in G.A. 16.
 
12/10/2001Mr. Donal C. O'Brien, Jr., Council on Environmental Quality, 2001-026 Formal Opinion, Attorney General of Connecticut
  On behalf of the Council of Environmental Quality ["CEQ"] you sought this office’s formal opinion as to a number of questions regarding the Connecticut Environmental Policy Act.
 
12/6/2001Mitchell R. Harris, State Marshal Commission, 2001-025 Formal Opinion, Attorney General of Connecticut
  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."
 
12/6/2001The Honorable Gene Gavin, Department of Revenue Services, 2001-024 Formal Opinion, Attorney General of Connecticut
  I am writing in response to your request for a formal opinion regarding the effect of E-Sign (Public Law 106-229; Electronic Signatures in Global and National Commerce Act) on Connecticut’s electronic records and signatures laws.
 
11/9/2001Susan G. Townsley, Division of Special Revenue, 2001-023 Formal Opinion, Attorney General of Connecticut
  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).
 
10/15/2001Honorable Theodore S. Sergi, Connecticut State Department of Education, 2001-022 Formal Opinion, Attorney General of Connecticut
  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.
 
9/5/2001Honorable Valerie Lewis, Department of Higher Education, 2001-021 Formal Opinion, Attorney General of Connecticut
  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.
 
8/31/2001The Honorable George Jepsen, Legislative Office Building, 2001-020 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion on whether or not the provisions of Chapter 250a of the Connecticut General Statutes would prohibit a proposed business joint venture involving the Pilot Corporation ("Pilot") and Marathon Ashland Petroleum ("MAP") from operating a retail service station at the Pilot travel center in Milford, Connecticut.
 
8/30/2001Jaekle and Johnston, Auditors of Public Accounts, 2001-019 Formal Opinion, Attorney General of Connecticut
  You have requested our advice regarding your obligations under Conn. Gen. Stat. § 4-61dd, known as the "whistleblower" statute. You have explained that, in the course of reviewing a whistleblower complaint, you have obtained access to client records from the Office of Protection and Advocacy.
 
8/27/2001Honorable Joseph Pellegrino, Supreme Court Building, 2001-018 Formal Opinion, Attorney General of Connecticut
  You have asked whether the Division of Criminal Justice or the Office of Attorney General should represent the State's interests in matters concerning Youth in Crisis ("YIC"), brought under Public Act 00-177.
 
7/5/2001Mitchell R. Harris, Esq., Chairman, State Marshal Commission, 2001-017 Formal Opinion, Attorney General of Connecticut
  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?
 
7/3/2001Rock Regan, Department of Information Technology, 2001-016 Formal Opinion, Attorney General of Connecticut
  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.
 
7/2/2001Senator 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.
 
6/13/2001Honorable Eugene A. Migliaro, Jr., Department of Veterans' Affairs, 2001-014 Formal Opinion, Attorney General of Connecticut
  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.
 
5/31/2001Honorable John P. Burke, Department of Banking, 2001-013 Formal Opinion, Attorney General of Connecticut
  You have requested our advice on whether a creditor of a person licensed as a first mortgage lender can collect on the bond required to be maintained by the licensee pursuant to Conn. Gen. Stat. §36a-492.
 
5/25/2001Honorable Valerie F. Lewis, Department of Higher Education, 2001-012 Formal Opinion, Attorney General of Connecticut
  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.
 
5/24/2001Honorable Arthur L. Spada, Commissioner of Public Safety, 2001-011 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request for a formal opinion concerning the effect of the federal Extradition Act, 18 U.S.C. §3182 et. seq., and the Interstate Transportation of Dangerous Criminals Act of 2000, Pub. L. No. 106-560, 114 Stat. 2784 (2000), on the Department of Public Safety’s ability to enforce the provisions of Chapter 534 of the Connecticut General Statutes. Chapter 534 governs the licensing of private security companies that provide private prisoner transportation services for the State of Connecticut and requires a special permit if the individuals providing such services carry firearms in the course of duty.
 
5/3/2001Honorable Arthur J. Rocque, Jr., Department of Environmental Protection, 2001-010 Formal Opinion, Attorney General of Connecticut
  You have asked the extent of the responsibility and potential liability of the Department of Environmental Protection (hereinafter "DEP"), regarding the marking, through signage (beacons) and/or barrier floats, of potentially hazardous state-owned dams. The issue involved affects 15 to 20 sites statewide. This opinion is limited to water retention dams only.
 
4/23/2001Honorable Denise L. Nappier, Office of the Treasurer, 2001-009 Formal Opinion, Attorney General of Connecticut
  You have asked whether annual legislative approval would be required for legislation allocating unappropriated surplus funds under article third, §18(c) of the Connecticut Constitution.
 
3/22/2001Honorable James T. Fleming, Department of Consumer Protection, 2001-008 Formal Opinion, Attorney General of Connecticut
  This is in response to a request for an opinion from your agency on certain provisions of the Liquor Control Act concerning package stores and cafes. 1. Must a package store be open to the public? 2. When does a cafe "regularly" keep food available to its customers?
 
3/21/2001The Honorable Nancy Wyman, State Comptroller, 2001-007 Formal Opinion, Attorney General of Connecticut
  You have asked whether the expenditure of state funds to pay for costs related to the nursing home strike, including the cost of mobilizing the National Guard and the expedited payment to nursing home operators of the cost of replacement workers, would violate any state or federal labor laws.
 
3/21/2001Honorable 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."
 
3/15/2001Honorable Arthur J. Rocque, Jr., Department of Environmental Protection, 2001-005 Formal Opinion, Attorney General of Connecticut
  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.
 
2/8/2001Honorable Joxel Garcia, M.D., Commissioner of Public Health, 2001-004 Formal Opinion, Attorney General of Connecticut
  This is in response to the request for advice from your department as to the proper interpretation of P.A. 00-139. Section 1(b) of the act provides subject to certain specified exceptions, that "(no) state agency may disclose to the public an individual’s photograph or computerized image in connection with the issuance of an identification card or other document by such state agency, unless such individual has provided his or her express consent for such disclosure."
 
2/7/2001Senator George Jepsen, State Capitol, 2001-003 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.
 
1/26/2001Mark A. Stepleton, Esq., State Department of Education, 2001-002 Formal Opinion, Attorney General of Connecticut
  In your memorandum dated November 16, 2000, you have in essence asked us for an update of an informal opinion dated March 18, 1991 regarding the maximum permissible deviation from strict mathematical equality courts have allowed in reapportionment plans. Your inquiry comes in connection with the Commissioner of Education's statutory duty under Conn. Gen. Stat. §10-63q to notify each regional board of education and each chief executive officer of each town within a regional school district whether or not representation on the respective regional boards of education is "consistent with federal constitutional standards."
 
1/9/2001Honorable Gene Gavin, Department of Revenue Services , 2001-001 Formal Opinion, Attorney General of Connecticut
  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.