Formal Opinions
Page 10 of 42
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You have asked whether Commissioners of the Department of Public Utility Control (DPUC) may accept post-State service employment by a subsidiary of a public service company or of a company certified to provide intrastate telecommunications services if the subsidiary is not itself a public service company or is not a company certified to provide telecommunications services within Connecticut.
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This is in response to your letter dated March 7, 1996, wherein you requested a legal opinion from this office concerning the computation of cost of living adjustments (COLAs) for injured workers pursuant to the provisions of the Connecticut Workers' Compensation Act as it may be affected by recent decisions of the Workers' Compensation Review Board (CRB).
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As Chairman of the Department of Public Utility Control ("Department"), you request our advice regarding the application of Section 251(d)(3) of the Telecommunications Act of 1996, 1996 Pub. L. 104-104 ("Telecommunications Act"). The Telecommunications Act requires state commissions to set wholesale rates for any telecommunication service offered by the local exchange company, in this case the Southern New England Telephone Company ("SNET'), on the basis of retail rates, less avoided costs such as marketing and billing costs. These wholesale services will be purchased by rival telecommunication companies competing against SNET in the local exchange markets.
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You have requested our advice on several issues involving the tourism districts created under Conn. Gen. Stat. § 32-302(a). Your first question is whether the tourism districts are exempt from state sales tax under § 12-412(l) as "political subdivisions" of the state or "agencies' of the state or any political subdivision thereof. You have also inquired whether the Single Audit Act, Conn. Gen. Stat. § 4-230 et seq. and/or the Municipal Auditing Act, Conn. Gen. Stat § 7-391 et seq. apply to the tourism districts. Your final question is whether the Department of Revenue Services has any responsibility under either the Single Audit Act or Municipal Auditing Act with regard to funds disbursed to the tourism districts.
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Deputy Commissioner Gilligan requested our opinion as to whether the H.E.L.P. Program, as currently constituted, is insurance. The H.E.L.P. Program is a plan marketed as a contractual appendix to service agreements sold by fuel oil dealers to fuel oil customers. Two versions of the plan are marketed: one version provides for the clean up of the accidental release of oil on a customer's property caused by a leaking fuel oil tank: the other provides for the clean up and replacement of a defective tank.
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In your letter dated June 20. 1996, you requested our opinion as to whether the Commissioner of Higher Education must obtain authorization of the Governor under Conn. Gen. Stat. §3-7 prior to forgiving under Conn. Gen. Stat. §10a-163(f)(4) an uncollectible loan made pursuant to the Teacher Incentive Loan Program.
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In anticipation of heavy voter turnout in Tuesday's Presidential election, you have asked for my opinion as to whether the voting hours can be extended to accommodate an unusually large number of voters
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Your department has asked whether the state is responsible for paying increases to the minimum wage when state contracts are silent as to which party will absorb the cost associated with such increases
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You ask whether an individual who is an officer or employee of a tenant of the Hartford Regional Market may serve as a "public member" of the Authority's board of directors
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This formal opinion responds to several questions that the Department of Public Health (“Department”) has asked concerning the effect the decision of the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health
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It is the opinion of this office that the Department has the authority to obtain, without customer consent, customer identifying information from retail food establishments in connection with a foodborne illness outbreak.
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You have asked for my legal opinion on whether federal law would bar the state of Connecticut from requiring Connecticut gasoline retailers to offer cash customers a discount. Specifically, you ask whether this issue is solely within the purview of federal authority
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Honorable Nancy Wyman, Comptroller, Formal Opinion 2008-019, Attorney General, State of Connecticut
This is a formal legal opinion in response to several questions that you raised concerning the ramifications of the Connecticut Supreme Court’s ruling in Kerrigan v. Commissioner of Public Health
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You have asked for advice with regard to the impact on state tax laws of the Supreme Court’s decision in Kerrigan v. Commissioner of Public Health regarding same-sex marriages
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You have asked for a formal opinion as to whether Public Act No. 03-45, An Act Concerning Secondhand Smoke in Work Places, applies to Foxwoods and the Mohegan Sun casinos. In particular, you ask whether section 14 of the gaming compacts,1 which requires the Mashantucket Pequot and Mohegan Tribes to adopt health and safety standards that are at least as rigorous as the State's health and safety laws, requires application of the smoking ban to the Tribes' gaming facilities.