The Office of the Attorney General William Tong
Formal Opinions
Page 31 of 42
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Honorable George Jepsen, State Capitol, 2001-006 Formal Opinion, Attorney General of Connecticut
You have requested an opinion concerning the scope of the Governor’s authority to deploy the National Guard in the context of a nursing home strike at a number of nursing homes across Connecticut. In particular, you ask whether the National Labor Relations Act ("NLRA") would limit state activity that would "tend to favor, by intent or effect, either side in a labor dispute."
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By letter of June 14, 2000, the Department of Revenue Services ("DRS") requested an opinion from my office as to whether a telephone recording system ("the system"), which the Collections and Enforcement Division ("C&E") of the DRS intends to implement, is in compliance with Conn. Gen. Stat. § 52-570d(a). Your agency also asked several other questions relating to implementation of the system.
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You have forwarded questions from members of your staff related to operation "Stand Down." Specifically, you inquire whether the agency is authorized to fund Stand Down when it is possible that individuals may attend who are not "veterans," as defined in state statute. You also inquire about the potential liability of your Department in the event of misconduct by a Stand Down program participant in the form of an assault on another Stand Down participant.
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You have asked the extent of the responsibility and potential liability of the Department of Environmental Protection (hereinafter "DEP"), regarding the marking, through signage (beacons) and/or barrier floats, of potentially hazardous state-owned dams. The issue involved affects 15 to 20 sites statewide. This opinion is limited to water retention dams only.
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You have asked whether the expenditure of state funds to pay for costs related to the nursing home strike, including the cost of mobilizing the National Guard and the expedited payment to nursing home operators of the cost of replacement workers, would violate any state or federal labor laws.
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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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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.
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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.
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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
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You have requested our opinion on whether religious organizations are eligible to accept awards in the Arts Presentation Grant Program (Grant Program) of the Connecticut Commission on Culture and Tourism
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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
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Your agency has asked for an opinion on whether the Connecticut Siting Council (“Council”) has jurisdiction over the siting of municipal towers pursuant to Conn. Gen. Stat. § 16-50i (a)(6)
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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
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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
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I have received your request for advice asking whether the publication of a so-called cartoon entitled "Polydongs" in the student newspaper at Central Connecticut State University (hereinafter “CCSU” or the “University”) is speech protected by the First Amendment to the United States Constitution.