The Office of the Attorney General William Tong
Formal Opinions
Page 37 of 42
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In your letter dated October 9, 2001 you requested an opinion of this office as to whether the State Marshal Commission has the authority to institute a policy and procedure for the service of restraining orders by state marshals.
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You have inquired whether the provisions of Special Act No. 01-7 (S.A. 01-7), and in particular Section 5 of the Special Act, empower the Hartford School Building Committee, created by the Special Act, to hire a school construction or program manager of its choosing, without having to comply with the strictures and mandates of the Hartford City Charter and various municipal ordinances or regulations addressing the purchase of goods and professional services by the city.
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This office has been asked to respond to two questions concerning life insurance coverage for retirees. Specifically, you have asked (1) whether the letter sent by the Comptroller's Office to retirees provides adequate notice to such retirees of the reduction in life insurance coverage that occurs upon retirement and (2) what benefit amount would a retiree receive who dies prior to receipt of the aforementioned letter from the Comptroller's Office.
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This is in reply to your letter of March 17, 1989, requesting our advice concerning the eligibility of a state retiree, now serving in the General Assembly, for group life insurance. Specifically, you ask whether the individual is eligible to participate in group life insurance coverage as a member of the legislature as provided in Conn. Gen. Stat. e 5-257(a) while also maintaining paid-up group life insurance provided for retired State employees in e 5-257(d).
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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).