1992 Formal Opinions
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This letter is in response to your memorandum of August 4, 1992, in which you requested our opinion concerning the meaning and enforcement of Conn. Gen. Stat. §3-112. We understand from the correspondence which you provided with your memorandum that you have requested information and documentation from the Department of Revenue Services ("DRS") concerning the agency's processing of state income tax refunds. In particular, you have requested information concerning the numbers of refunds processed, when they were processed, how they were processed and the estimated number of refunds still pending. You have also inquired into possible reasons for any delays including any instructions which the agency may have given or received to delay the refund process or to separate refunds based on their face amount, and any hardware or software problems which may have occurred.
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In your letter of February 27, 1992, you posed the question whether the filing of an annual report by a trustee under mortgage may be waived by the Banking Commissioner.
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Robert Werner, Division Of Special Revenue, 1992-034 Formal Opinion, Attorney General of Connecticut
You have sought the advice of this office relating to the operation of an off-track betting system in the State of Connecticut. Specifically, you inquire whether, under Conn. Gen. Stat. § 12-167a(b), the operation of "an OTB betting branch facility in the Hartford Jai Alai Fronton would violate the proscription against locating a 'Facility' within 35 miles of the location of the Teletheater in the Town of Windsor Locks ... ?"
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Robert Werner, Division of Special Revenue, 1992-025 Formal Opinion, Attorney General of Connecticut
At the direction of the Gaming Policy Board, you1 seek the opinion of this office as to "whether the division, with the advice and consent of the Board, has the authority under existing legislation to contract with a private entity to assume the operational duties of the OTB system."
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This letter is in response to your request of June 2, 1992 for our opinion concerning the licensing of pharmacies which are owned by physicians.
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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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By letter dated April 8, 1992, you requested our advice on the obligations of the department of public safety under Conn. Gen. Stat. § 29-196. You are specifically concerned with the provisions of Conn. Gen. Stat. § 29-196 which deals with the issuance of renewal certificates for elevators. You advise us that it is the practice of your department to issue a renewal certificate upon receipt of the appropriate fee and to subsequently inspect the elevator as required by Conn. Gen. Stat. § 29-195. You ask us whether the practice, as you have described it, is consistent with the provisions of Conn. Gen. Stat. § 29-196.
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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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This is in response to your request for a formal opinion regarding the confidentiality of information that the Department maintains on individuals with acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV), and hepatitis B.
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By memo dated January 27, 1992 you requested an opinion from this office on whether state law can be construed to allow the Governor the option to not implement ("trigger off") an otherwise operable extended unemployment compensation benefit program (EB) should unemployment continue to rise to a certain level in this state. The purpose of this option is to allow the state's unemployed to be subject solely to a federally-funded emergency unemployment compensation (EUC) program. You also ask, assuming such a construction is allowable, whether the Governor may delegate the authority to "trigger off" state EB, as well as the authority to make all necessary contractual arrangements with the U.S. Department of Labor for administration of the EUC program, to the Administrator of the Unemployment Compensation Act pursuant to Conn.Gen.Stat. Section 31-250.
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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 is in reply to your request for our opinion of whether the Central Connecticut State University Alumni Association, Inc. (hereinafter "the Association") is a "foundation" as defined by Conn. Gen. Stat. § 4-37e(2). Foundation status would subject the Association to the requirements of Chapter 47 of the General Statutes (Conn. Gen. Stat. §§4-37e - 4-37i), including possibly full audits by the State Auditors.
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The issue addressed in this opinion is whether Special Revenue Investigators may carry firearms.1 Special Revenue Investigators are employed by the Division of Special Revenue (DOSR) to investigate violations of the state's legalized gambling laws. In addition, they are statutorily granted the powers of State Police to make arrests for criminal offenses2 arising from the operation or conduct of the State's off-track betting and lottery.
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This will respond to your request for an opinion of the Attorney General concerning political activity of commissioners of the Public Utility Control Authority. The provisions of Conn. Gen. Stat. § 16-5 provide that a commissioner may be removed for: "Misconduct, material neglect of duty, incompetence in the conduct of his office, or active participation in political management or campaigns by any commissioner.... In particular you ask whether the following two scenarios present violations: attendance at dinners, or social events (1) in connection with financial contributions to political parties or candidates of such political parties for public office; or (2) in connection with the affairs of the political parties or their candidates, without regard to any financial contributions.
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I am writing in response to your request for an advisory opinion regarding the imposition of sales and use taxes on certain utility companies' purchases of goods to be installed in state facilities in performance of energy conservation measures mandated by Conn. Gen. Stat. § 16a-37a and 1991 Conn. Pub. Act No. 91-6 (June Spec. Sess.).