2007 Formal Opinions

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• Mr. Brian S. Sigman, Executive Director, Board of Education and Services for the Blind, Formal Opinion 2007-035, Attorney General State of Connecticut

  You have asked for my opinion on the authority of the Board of Education and Services for the Blind (BESB) to choose the brand name products to be sold in vending machines placed on public property by BESB pursuant to Conn. Gen. Stat. § 10-303

• Richard F. Banbury, Esq., Executive Director Council on Probate Judicial Conduct, Formal Opinion 2007-030, Attorney State of Connecticut

  Thank you for your letter requesting my opinion on whether the Council on Probate Judicial Conduct (“the Council”) has jurisdiction over a complaint concerning alleged misconduct committed during a Judge of Probate’s term of office, but not filed until after the expiration of the judge’s term

• 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

• Dennis F. Kerrigan, Jr. Chairman, State Marshal Commission, Formal Opinion 2007-019, Attorney General State of Connecticut

  As Chairman of the State Marshal Commission, you have requested a formal opinion of the Attorney General as to whether state marshals are prohibited from participating in a business entitled Connecticut Service Network, LLC

• 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 Dennis Kerrigan, Chairman, Formal Opinion 2007-002, Attorney General State of Connecticut

  In your letter dated August 15, 2006 you have asked this office to render a formal opinion concerning the service of capias mittimus by state marshals. Your letter raises the following questions

• 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 Jeanne Milstein, Child Advocate, Formal Opinion 2007-008, Attorney General State of Connecticut

  This letter responds to your request for a formal opinion on whether the Department of Children and Families (DCF) is prohibited by the federal Public Health Service Act, 42 U.S.C. § 290dd-2 (the Federal Act) from disclosing to the Office of the Child Advocate (OCA) certain substance abuse treatment records that you requested pursuant to your authority under Conn. Gen. Stat. § 46a-13m.

• Honorable Jerry Farrell, Jr., Department of Consumer Protection, Formal Opinion 2007-025, Attorney General Attorney State of Connecticut

  In your August 28, 2007 memorandum, you sought this Office’s advice regarding the interpretation of Conn. Gen. Stat. § 20-417i(n) of the New Home Construction Contractors Act, and Conn. Gen. Stat. § 20-432(o) of the Home Improvement Act

• Honorable John Danaher, Commissioner of Public Safety, Formal Opinion 2007-007, 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 Louis C. DeLuca, Senate Minority Leader, Honorable Andrew Roraback, State Senator, 30th District, Formal Opinion 2007-006, Attorney General State of Connecticut

  You have requested our opinion as to whether Section 27-76 of the Connecticut General Statutes permits honor guards from bona fide Connecticut State Veteran’s Organizations to accept pay at a rate of less than the fifty dollars per day as set forth in that statute.

• Peter A. Clark, Executive Director, Judicial Review Council, Formal Opinion 2007-032, Attorney General State of Connecticut

  Thank you for your letter requesting my opinion on two questions: (1) whether the Judicial Review Council (“the Council”) has jurisdiction over misconduct committed by acting workers’ compensation commissioners appointed on a per diem basis pursuant to Conn. Gen. Stat. § 31-280(a)

• 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

• Honorable Valerie Lewis, Formal Opinion 2007-003, Attorney General State of Connecticut

  Asked this office whether the Board of Governors of Higher Education and the Department of Higher Education's have the statutory authority to require the constituent units of the state system of higher education to provide the Board and DHE with personally identifiable confidential student and student family information, including social security numbers.