The Office of the Attorney General William Tong
2001 Formal Opinions
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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."
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Senator 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.
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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.
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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).
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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.
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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."
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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.
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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."
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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.
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Honorable 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."
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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.
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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.
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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.
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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?
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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.