Formal Opinions
Page 25 of 42
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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).
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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
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By memoranda dated October 20, 1989, you asked for a formal opinion on whether there are any statutes which prohibit towns from imposing "special exception" zoning permit requirements on family day care homes that are registered by the Department of Human Resources.
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You have requested our advice concerning the types of accounts that are available for deposit of funds pursuant to section 51-81c of the Connecticut General Statutes, as amended by Public Act 89-196. Section 51-81c established the Interest on Lawyers Trust Accounts program ("IOLTA").
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This is in response to your letter of April 11, 1991 in which you relate that the State Teachers' Retirement Board has requested our advice on the eligibility of a member of the Teachers' Retirement System to purchase additional service credits toward retirement for time while under disciplinary suspension.
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Through you the Bridgeport Financial Review Board (hereinafter the "Board") has asked for our opinion regarding the procedure for setting the property tax rate in the city of Bridgeport (hereinafter the "city"). Specifically, you have inquired whether the City tax rate can be reset after the Board has taken action on the City's proposed annual budget which was predicated on a particular tax rate set by the City's Common Council under the provisions set for the in the City charter.
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This is in response to your predecessor's letter of August 7, 1990, requesting an opinion regarding the proper assessment of attorney's fees to personal injury recoveries which include basic reparations benefits (BRB), under Conn. Gen. Stat/ § 38 -325(b).
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This is in response to your request for an opinion on whether the Department of Liquor Control is authorized to issue a package store permit in the Town of Bozrah under the package store ratio law, Conn. Gen. Stat. § 30-14a.
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Your office presented us with the following two questions relating to Section 51 of 1994 Conn. Pub. Act No. 94-4 of the May Special Session now codified as Conn. Gen. Stat. § 12-62h: 1) Is a municipality required to revalue all real property for property tax purposes by taking all the normal and necessary actions involved in the revaluation of real property, before its legislative body may vote to stay the implementation of said revaluation? 2) Does this legislation allow a municipality to defer beginning the process of revaluation until after the conclusion of the 1995 session of the General Assembly?
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You have requested our opinion as to whether the State Insurance Purchasing Board (the "Board") has authority under Conn. Gen. Stat. § 4a-20 to make payment on a premium for a surety bond purchased directly by the Treasurer.
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You have asked for an opinion regarding whether the payments for educational and other services which the Board of Education and Services for the Blind ("BESB") makes for the benefit of blind or visually impaired students and blind or visually impaired students with additional disabilities, pursuant to Conn. Gen. Stat. §10-295(a) and (b), respectively, are discretionary expenditures or in the nature of mandatory entitlements.
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You have asked for an opinion regarding the Board of Education and Services for the Blind's ("BESB") reimbursement to towns, pursuant to Conn. Gen. Stat. §10-295, for certain special education instructional and service costs for special education students who are blind or visually impaired. In particular, you have indicated that while the statute places yearly monetary limits on the amount BESB may reimburse towns per student for such costs, due to billing and paperwork delays, reimbursements owed to towns have gone into arrears in recent years. Further, you have indicated that in dealing with this statutory reimbursement scheme, BESB has switched from a cash to an accrual basis of accounting, and you now wish to know whether, consistent with the statutory amount limitations, actual reimbursement payments to towns in a given year may exceed the statutory limits, provided the costs being reimbursed accrued within the yearly statutory limits per child.
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This is a response to your request for formal advice regarding whether it is lawful, under Conn. Gen. Stat. § 42-202, for licensed funeral establishments to invest escrow monies received pursuant to funeral service contracts in life insurance policies.
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By letter dated March 3, 1995 you requested an opinion from this office which raises the following question: Has the department of labor's practice of annually transferring those funds in excess of $500,000 from the Employment Security Special Administration Fund to the regular Employment Security Administration Fund, for the purpose of offsetting projected deficits of federal administrative funds in future fiscal years, complied with Conn. Gen. Stat. Section 31-259 and any other applicable laws?