The Office of the Attorney General William Tong
1991 Formal Opinions
Page 2 of 3
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This letter responds to your request for an opinion dated January 15, 1991. In that request, you asked for a clarification of your authority as a sub registrar of vital statistics to issue a disinterment permit in a case of alleged suspicious death. The request was prompted by a request you received from the parents of a deceased man asking you to issue a disinterment permit for the disinterment of their son for a second autopsy.
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This is in response to your request for an opinion on the impact of the repeal of Conn. Gen. Stat. § 30-42, which directed the refund of liquor permit fees under certain circumstances, on pending requests for such liquor permits rebates.
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The issue in this request for opinion is whether the census data, received by the state on January 24, 1991, constitutes "the most recently completed decennial census" within the meaning of Conn. Gen.. Stat. §30-14a.
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Chief State's Attorney Richard Palmer, 1991-038 Formal Opinion, Attorney General of Connecticut
On August 21 and 24, 1990 then Chief State's Attorney John J. Kelly requested an opinion of this office concerning the calculation of longevity benefits for State's Attorney Robert C. Satti.
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We are in receipt of your letter dated January 2, 1991, wherein you request our opinion on two issues concerning a gun range located on the grounds of the Enfield Community Correctional Institution. The property in question is owned by the State of Connecticut.
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We are writing in response to your letter dated January 9, 1991, in which you request our advice about the constitutionality of the residency requirement contained in Conn. Gen. Stat. § 10a-77(d)(2), a statute concerning tuition waives for eligible veterans.
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Former Commissioner Heslin requested an opinion from this office on "whether any consumer commodity which is not individually marked with its current selling price is in violation of Conn. Gen. Stat. § 21a-79 and § 21a-79-a of the Regulations of Connecticut State Agencies."
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You have asked our opinion concerning the State's authority to continue payment for state services if a State budget is not enacted by June 14, 1991.
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In your letter, dated February 5, 1991, you requested our opinion concerning whether there are any limitations on a licensed professional engineer's authority to design buildings. You have noted the overlap of practices between architecture and professional engineering2 with regard to design of buildings and have asked us to review this matter.
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This will acknowledge your request of April 18, 1991 for a formal opinion concerning an interpretation of Section 20-334a of the Connecticut General Statues.
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This is in response to your letter of January 28, 1991 in which you ask whether or not a "judge who has been called in to active duty in the Armed Services of the country ... should be continued on the payroll of the Judicial Department for the period of time the judge concurrently retains the office of judge and serves in the Armed Forces of the United Stated." A superior court judge who is in the reserve component of the Armed Forces of the United States has been called to active duty after August 7, 1990 in connection with Operation Desert Shield/Desert Storm, necessitating an answer to your question.
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By letter of December 19, 1990, CPI and its subsidiaries proposed a payment plan for all unpaid sales and use taxes owed through October 31, 1991. The Department of Revenue Services ("the Department") responded by letter of December 27, 1990 accepting a payment plan on the terms stated in the Department's letter and on the specific condition that current taxes must be filed and paid timely and that the agreement would be subject to review every six months. At some time after the payment plan was initiated, the Department reported CPI's delinquency to the Comptroller pursuant to Conn. Gen. Stat. § 12-39g.
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We are in receipt of a letter dated August 28, 1989, from Major John M. Watson wherein our opinion is sought concerning numerous compensation issues relating to highway constriction projects.
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This is in response to your request for advice regarding access to nursing home facilities by patient advocates and ombudsmen. You have asked the following questions: 1. Does an Ombudsman/Patient Advocate have access to a facility to visit, observe conditions and operation only in response to a specific complaint? 2. Must an Ombudsman/Patient Advocate notify the administration or staff of the reason for their presence? 3. Can a facility require that a schedule including date and time of visits be posted with the intent of limiting access? 4. May a facility announce the presence of the Ombudsman/Patient Advocate over the PA system? 5. Can the facility require that a staff person accompany the Ombudsman/Patient Advocate? 6. Can the facility refuse to send an Accident and Incident or A500 report to the Ombudsman Office?
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By letter dated July 19, 1991, you state that a company called Hartford Paving Inc. ("Hartford Paving" ) has been performing bridge painting work for the Department of Transportation ("DOT") pursuant to purchase orders issued to it by the DOT in accordance with Contract Award No. 890-A-13-1054-C. You have asked our opinion as to whether the Department of Consumer Protection has a right to attach or garnish funds.