The Office of the Attorney General William Tong
Formal Opinions
Page 35 of 42
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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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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”)
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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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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
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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.
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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.
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You have asked for our advice in interpreting Public Act 95-237, "An Act Concerning Special Education Due Process, The Cost of Special Education And A School Construction Project." The principle questions you pose relate to the special education of children placed by the Department Of Children and Families.
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In a letter to our office you ask us whether state law permits a local board of education of a town which does not maintain a high school to pay partially the tuition for a local student to attend a state approved high school other than the high school designated under Conn. Gen. Stat. ?-33.
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In your letter of April 24, 1996, you seek our opinion as to whether the Connecticut General Statutes require that a local referendum be conducted whenever a new off-track betting facility is proposed to be operated by the Autotote Corporation in a municipality.
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John F. Merchant, Esq., 1996-007 Formal Opinion, Attorney General of Connecticut
I have reviewed the relevant statutes applicable to your appointment as Consumer Counsel and the term of your office.
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John Meeker, Chairman, Board of Parole, 1996-015 Formal Opinion, Attorney General of Connecticut
This letter responds to your request for advice concerning whether parole officers have authority to enforce conditions of parole with respect to parolees, Indians and nonIndians, on federal reservations.
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Judge Aaron Ment, Supreme Court Building, 1996-011 Formal Opinion, Attorney General of Connecticut
Your office has posited several questions regarding the retroactive versus prospective application of Public Acts 96-63 and 96-79, which amend Conn. Gen. Stat. § 54-142a, commonly referred to as the Connecticut Erasure Statute. The primary effects of the amendments are to remove the category of transcripts of criminal trials from the types of records that are subject to erasure, and to delay the actual physical destruction of erased records.
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The Board of Pardons asked this office the following questions with regard to the possibility of future executions in the State of Connecticut: When is the first execution likely to be scheduled? When will a hearing be required in anticipation of an execution date? On the date of execution? Just before the execution? After all other appeals have been exhausted? Is it necessary for the Board to convene a commutation hearing in all cases whether requested or not? Who could request the convening of this special session: the defendant, his attorney, the Governor, a family member, etc.?
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This is in response to your request for an opinion inquiring whether the Commissioner of Economic and Community Development ("Commissioner") has the authority to amend the assistance agreement (the "Agreement") between the former Department of Economic Development, now the Department of Economic and Community Development ("DECD"), and the Dun & Bradstreet Company ("Dun & Bradstreet"), and whether such amendment, if permissible, must be submitted to this office for approval.
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You have requested the opinion and advice of the Attorney General regarding the status of the above-entitled case, and the alternatives that are available for the disbursement of funds that will be received by the state following its resolution.