1992 Formal Opinions
Page 1 of 3
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In your letter of June 5, 1992, you requested our opinion regarding the validity of certain legislation proposed by the Department Of Income Maintenance (DIM). That legislation would require any recipient, or any attorney representing such an individual, who initiates a legal action against a third party for recovery of medical expenses, to report the filing of that suit to the Department of Income Maintenance.
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In your letter of November 25, 1991, you request our guidance concerning the issue of personal liability of state officials in light of the Supreme Court's decision in Hafer v. Melo, 112 S.Ct. 358 (1991). To better respond to the issues posed in your letter, we have framed your inquiry as follows: 1. How does the decision of the United States Supreme Court in Hafer v. Melo affect a state official's exposure to personal liability pursuant to 42 U.S.C. § 1983 for acts performed as part of his official duties? 2. Under what circumstances will the state provide for the defense as well as indemnification of a state official when sued personally pursuant to 42 U.S.C. § 1983 for acts taken in the course of the performance of his official duties?
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This is in response to your recent request for an opinion on whether there exists legislative authority for the Division of Special Revenue to institute a "cash" lotto in addition to the other lottery games currently conducted by, or under the authority of, the Division.
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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 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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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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By letter of February 4, 1992. you requested an opinion of the Attorney General on the State's ability to pursue statutory support obligations against the community (non-institutionalized) spouse of an institutionalized Medicaid patient, in view of certain provisions contained in the Medicare Catastrophic Coverage Act of 1988 (MCCA), Pub.L. 100-360.
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We are in receipt of a letter dated December 3, 1991, from the Commission's Administrator, John C. Ford, with an attached letter dated October 21, 1991, from Dr. Roger J. Harris. The issue on which you seek our guidance is whether the Commission must conduct an administrative hearing on the individual's application based upon the oral surgeon's letter dated October 21, 1991, which your agency interprets as a request for such a hearing.
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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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This letter is in response to your letter of March 12, 1992, in which you requested our opinion on the following issue: Is there any lawful basis upon which a municipality may refuse to meet the requirements of a state law when compliance with the law will result in costs to the municipality which are not reimbursed or otherwise borne by the state?
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In your March 16, 1992 letter, you have sought this Office's advice as to whether a consumer may access the Home Improvement Guaranty Fund on more than one occasion against the same contractor.
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We are in receipt of your letter dated October 28, 1992, in which you ask, whether, under Conn. Const. Art. III, § 11 and Conn. Gen. Stat. § 2-5, the so-called "dual job bans," a member-elect of the General Assembly may assume the duties of an appointed position in the legislative branch prior to the completion of his current legislative term.
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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.