Formal Opinions
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You have requested our opinion of whether renewal of the certificate of authorization of a private occupational school on the basis of the school's institutional accreditation by an accrediting agency recognized by the United States Department of Education (USDOE) pursuant to Conn. Gen. Stat. §10a-22b(a), in lieu of the Connecticut Department of Higher Education's (DHE's) evaluation, effectively relieves that school of compliance with the requirements of Conn. State Ag. Regs. §10a-22k-5(f) regarding the contents and maintenance of a private occupational school's student attendance records so that the school is subject only to the student attendance record-keeping requirements, if any, of the particular USDOE recognized accrediting agency.
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In your June 26, 2001 letter you request our opinion as to whether P.A. 01-141, §4 authorizes the Board of Trustees for the Connecticut State University System (CSUS) to establish, subject to authorization by the Board of Governors of Higher Education, a pilot education doctoral program to be conducted at one of its institutions only or whether such a doctoral program may be conducted at more than one of its institutions.
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You have asked for our opinion "as to the application of group life insurance to State employees retired under the disability provisions of the State Employees Retirement Act and an employee receiving a disability benefit."
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In your letter dated September 26, 1989, you requested our opinion concerning Conn. Gen. Stat. e21a-8(9). Section 21a-8(9) permits the Department of Consumer Protection ("DCP") to contract with third parties to administer licensing examinations on behalf of various state boards and commissions, including the State Electrical Work Examining Board (the "Board"). You asked what the extent of the Board's authority was in the selection process of the third party.
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You have requested our advice regarding your obligations under Conn. Gen. Stat. § 4-61dd, known as the "whistleblower" statute. You have explained that, in the course of reviewing a whistleblower complaint, you have obtained access to client records from the Office of Protection and Advocacy.
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In your memorandum dated November 16, 2000, you have in essence asked us for an update of an informal opinion dated March 18, 1991 regarding the maximum permissible deviation from strict mathematical equality courts have allowed in reapportionment plans. Your inquiry comes in connection with the Commissioner of Education's statutory duty under Conn. Gen. Stat. §10-63q to notify each regional board of education and each chief executive officer of each town within a regional school district whether or not representation on the respective regional boards of education is "consistent with federal constitutional standards."
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Your recent inquiry focuses upon the provisions of P.A. 89-390, e 24(b), which, in essence, create certain zones of protection around the Tele-Track facilities located in New Haven and Windsor Locks.
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This is in response to your request for an opinion on the question of whether a police commissioner1 can be licensed to hold a liquor permit as a permittee or backer under Conn. Gen. Stat. e 30-45.
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As Chairman of the State Marshal Commission you have requested a formal Opinion of the Attorney General as to the following four questions: 1. While the State Marshal Commission has duly appointed all state marshals, none has been “sworn.” Must state marshals be "sworn"? If so, what oath is to be administered and who may administer it? 2. Does a state marshal have "police" or law enforcement powers? If so, what is the scope of such powers? 3. State marshals are referred to in the General Statutes as "peace officers." What powers are conferred upon "peace officers"? Are these the only "police" or law enforcement powers that state marshals possess? 4. Do you have any suggested modifications to the above certificate language?
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You have requested a formal opinion of the Attorney General as to "whether a former Deputy Sheriff, former High Sheriff or a State Marshal who resigns from his appointment may continue to collect wage executions they had served while acting in their official capacities."
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This is in response to your recent request for an opinion of the Attorney General concerning fee charges for the registration of brands of alcoholic liquors under the Liquor Control Act, Conn. Gen. Stat. e 30-63(a).
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We are responding to your request for the opinion of this office as to whether your department is legally authorized to renew an existing special two year general assistance contract with one municipality in light of the facts that the authorization of the original enabling legislation has expired and the most recent session of the General Assembly failed to enact Proposed Bill No. 5301 which would have extended such enabling legislation.
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On behalf of the Council of Environmental Quality ["CEQ"] you sought this office’s formal opinion as to a number of questions regarding the Connecticut Environmental Policy Act.
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Senator George Jepsen, State Capitol, 2001-003 Formal Opinion, Attorney General of Connecticut
In response to your request, this is a formal opinion regarding whether advanced practice registered nurses ("APRNs"), licensed nurse-midwives and physician assistants in Connecticut are authorized to dispense, prescribe and administer the drug mifepristone (brand name "Mifeprex", also known as "RU-486") to women in licensed clinics for the purpose of terminating early pregnancies in a non-surgical manner.
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You have requested the opinion of the Attorney General as to whether the Department of Income Maintenance is authorized to enter into contractual arrangements with insurance companies in connection with a demonstration program to be jointly administered by the Department of Income Maintenance and the Insurance Department. Specifically, under the proposed contract, Income Maintenance would advise insurance companies whether payments to insured persons under insurance policies qualify for "asset exclusions" under the program. Income Maintenance would receive a contractual payment from the insurance companies for providing the contracted service.
