Formal Opinions
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Kevin J. Rasch, Esq., Legal Counsel, Formal Opinion 2006-005, Attorney General State of Connecticut
You have requested an opinion concerning a proposed resolution by the City of New London (“City”) to deal with the issue of the continuing possession of certain properties by their former owners after the properties were taken by eminent domain.
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You have requested an opinion on whether the one million dollar annual cap on assessments by the Connecticut Siting Council (“Council”) contained in Conn. Gen. Stat. § 16-50v (b)(1) is a cap on assessments on individual energy companies or a cap on total assessments on the energy industry as a whole.
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As you know, Section 31-57f of the Connecticut General Statutes provides for the payment of a standard wage rate to certain service workers employed by contractors of the state or its agents.
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You have asked my opinion regarding the Judicial Review Council’s obligation to permit public access to records of investigations of complaints of judicial misconduct.
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You have asked for an opinion on the following two questions: 1. Does a municipal corporation have the authority to set different mill rates for the taxation of non-vehicle personal property and real property located within the same municipal tax or sub tax district? 2. Does OPM have the authority to pursue a reimbursement, either by direct payment or by offsetting the pending claim of the City of Stamford, for grant claims it has paid based upon Grand List years 1999, 2000 and 2001?
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This letter is in response to your request for a formal legal opinion as to whether $2.8 million designated for non-emergency medical transportation and vision benefits under the State-Administered General Assistance program (“SAGA”) in the recently approved state budget may be spent without further legislative action
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You have requested our opinion with respect to an application by the Town of Trumbull for a temporary moratorium from the affordable housing land use appeals procedure under the provisions of Conn. Gen. Stat. § 8-30g(l).
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You have asked whether the Board of Education and Services for the Blind ("BESB") has the authority under Conn. Gen. Stat. § 10-303 to seek to provide all the food services that Central Connecticut State University ("CCSU") determines are desirable at the University if BESB decides it wants to pursue that location for the placement of blind vendor operated food service facilities.
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Your department has requested a formal opinion concerning the following questions: “What impact, if any, does the placement of a lis pendens against property (real estate) have upon the bond limit set for a properly licensed and authorized bondsman, when the property in question has been designated as an asset by the bondsman in the calculation of their authorized bond limit?”
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Commissioner Shaun B. Cashman, 2005-027, Formal Opinion, Attorney General of Connecticut
Your department has asked for advice on the payment of wages to service workers employed by contractors of the state or vendors supplying services to state contractors. You ask if the standard wage rate provisions of Conn. Gen. Stat. §31-57f apply to contracts between the state and management companies and between management companies and their vendors under various scenarios.
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This letter is in response to your request for a formal legal opinion concerning the authority of the Judicial Review Council (the "Council") to initiate investigations into judicial conduct. Specifically, you question whether the Council "may proceed to independently initiate an investigation based on information discovered by the Council." Such information might "include an anonymous complaint or other information which becomes known to the Council, other than through a notarized complaint." If the Council may initiate an investigation based on such information, you question what the applicable procedures are.
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This is in response to your request for an opinion on whether it would be lawful, under Conn. Gen. Stat. § 30-77(b), for students at Connecticut College to form a brewing club for the purpose of making beer on the college campus in New London, Connecticut, without a liquor permit required by the Liquor Control Act. Consumption would be restricted to persons over the age of twenty-one.
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You have requested our advice regarding the interpretation of Conn. Gen. Stat. 17a-17 and regulations promulgated thereunder. These provisions require the Commissioner of Children and Families and the Commissioner of Education to jointly develop regulations to implement "a single cost accounting system" which is the system of determining payment for room, board and education to private residential treatment centers.
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In your letter of May 12, 1994, you ask about the applicability of Conn. Gen. Stat. 51-44a(j) (non-disclosure of information)1 to evidence introduced at a "hearing" conducted by the Judicial Selection Commission (JSC) as required by 51-44a(e) (procedure for reappointment of judge to same court).
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We have received an inquiry from each of you relating to persons currently serving as justice of the peace. We first answer the Secretary's question and then that raised by the Speaker. 1. In a May 24, 1994, letter from Secretary Kezer, the Secretary inquires as to the validity of legislation providing for the extension of terms of current justices of the peace in light of Judge Dorsey's ruling in ACP v. Kezer, 2:92CV00550 (PCD) prohibiting holdover-terms after June 30, 1994. We answer that the legislation extending these terms is valid. 2. In an August 1, 1994, letter from Speaker Ritter, the Speaker asks whether "it is proper to fill vacancies which now exist" in the office of justice of the peace.