2007 Formal Opinions

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• Deputy Commissioner Norma Gyle, Department of Public Health, Formal Opinion 2007-034, Attorney General State of Connecticut

  You have asked this office for an opinion as to whether Tilcon Connecticut, Inc. (Tilcon) may select and pay for an independent third party environmental evaluation under Public Act 07-05 §64

• Honorable James A. Amann, Speaker of the House, Formal Opinion 2007-033, Attorney General State of Connecticut

  This letter is in response to your request for a formal legal opinion concerning an employment issue impacting Representative Bruce Morris. I understand from your letter that Representative Morris is employed as the director of human relations for the Norwalk Board of Education

• Honorable Michael A. Christ, Deputy Majority Leader, Formal Opinion 2007-005, Attorney General State of Connecticut

  You have asked for our opinion whether federal and state law permits a municipality to operate a Department of Housing and Urban Development (“HUD”) Section 8 housing program outside of its geographical area.

• Honorable Jeanne Milstein, Child Advocate, Formal Opinion 2007-004, Attorney General State of Connecticut

  This letter responds to your request for a formal legal opinion concerning the Office of the Child Advocate’s (“Child Advocate”) right to obtain records from entities covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)

• Honorable Michael P. Starkowski, Commissioner, Department of Social Services, Formal Opinion 2007-028, Attorney General State of Connecticut

  Your agency has requested our legal advice concerning the impact of Conn. Gen. Stat. § 46b-38aa et. seq., on eligibility for certain programs of the Department of Social Services.

• Honorable Pam Law, Commissioner of Revenue Services, Formal Opinion 2007-014, Attorney General State of Connecticut

  This opinion is in response to your request for advice on whether § 33 of Public Act 07-253 (Public Act), which imposes a tax on gross earnings from the provision of community antenna television service, video programming service by satellite, and certified video programming service in the State

• The Honorable M. Jodi Rell, Governor, Formal Opinion 2007-011, Attorney General State of Connecitcut

  You have asked me several questions regarding the funding the University of Connecticut (“UConn”) may use to repair code violations discovered in buildings constructed or renovated under the University of Connecticut 2000 Act

• Honorable Thomas R. Sullivan, Commissioner, Department of Insurance, Formal Opinion 2007-029, Attorney General State of Connecticut

  This letter is in response to your November 19, 2007 request that I reconsider my formal legal opinion issued to Comptroller Nancy Wyman on July 25, 2007 (Attorney General Opinion 2007-012).

• Honorable Thomas R. Sullivan, Insurance Commissioner, Formal Opinion 2007-022, Attorney General State of Connecticut

  You have requested an opinion (1) whether “the Insurance Department has the legally required jurisdictional authority to hear and decide an employment status dispute between an insured and its insurer where the dispute solely involves the factual determination of whether a worker should be classified as an employee or an independent contractor

• Carolyn Signorelli, Chief Child Protection Attorney, Formal Opinion 2007-015, Attorney General State of Connecticut

  This letter is in response to your request for a formal legal opinion as to whether attorneys who serve dually as attorneys and guardians ad litem (“GALs”) in certain Juvenile Matters are entitled to “state employee immunity and liability defense” by the Attorney General

• Honorable Robert Farr, Chairman, Board of Pardons and Paroles, Formal Opinion 2007-018, Attorney General State of Connecticut

  This letter responds to your request for a formal opinion on “whether or not the Board of Pardons has the authority to commute a non-parole eligible offense, as defined by CGS § 54-125a(b)(1), to make it a parole eligible offense.”

• Honorable Susan B. Bysiewicz, Secretary of the State, Formal Opinion 2007-009, Attorney General State of Connecticut

  You have asked for a formal opinion as to whether Connecticut's "Voter's Bill of Rights" requires municipalities to provide a voting system accessible to the physically disabled in each polling place in non-federal elections, including elections held this year.

• Honorable Susan Bysiewicz, Secretary of the State, Formal Opinion 2007-016, Attorney General State of Connecticut

  You have asked this Office for an opinion concerning the use of the City of New Haven’s “Elm City Resident Cards" during the electoral process. Specifically, you have asked us to opine whether your Office has the legal authority to issue the following directives with respect to the use of such cards by individuals seeking to vote or register to vote in Connecticut

• Honorable Michael Starkowski, Commissioner Department of Social Services, Formal Opinion 2007-020, Attorney General State of Connecticut

  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

• Honorable Nancy Wyman, Comptroller, State of Connecticut, Formal Opinion 2007-012, Attorney General, State of Connecticut

  This letter is in response to your request for a formal legal opinion as to whether, pursuant to Conn. Gen. Stat. § 5-259, municipalities may purchase risk-pooled, self-funded health insurance through the Municipal Employees Health Insurance Plan