The Office of the Attorney General William Tong
Formal Opinions
Page 6 of 42
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This is in response to your request for an opinion regarding the settlement of an employment dispute with Marc Schillinger, a former state employee. Specifically, you inquire "whether the Governor, upon the recommendation of the Attorney General, has the authority under Section 3-7(c) [of the General Statutes] to compromise a claim in a manner which is not in accordance with Section 5-162 and 5-155a of the General Statutes."
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You have asked whether the University of Connecticut possesses the legal authority to pay directly vendors of UConn 2000 projects. You noted that if the bond proceeds had as their source a State bond issue, the University could not make such direct payments.
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You have asked for an opinion with regard to the implementation of Public Act No. 94-83, An Act Implementing the Recommendations of the Telecommunications Task Force.
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You have asked whether Commissioners of the Department of Public Utility Control (DPUC) may accept post-State service employment by a subsidiary of a public service company or of a company certified to provide intrastate telecommunications services if the subsidiary is not itself a public service company or is not a company certified to provide telecommunications services within Connecticut.
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This is in response to your letter dated March 7, 1996, wherein you requested a legal opinion from this office concerning the computation of cost of living adjustments (COLAs) for injured workers pursuant to the provisions of the Connecticut Workers' Compensation Act as it may be affected by recent decisions of the Workers' Compensation Review Board (CRB).
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As Chairman of the Department of Public Utility Control ("Department"), you request our advice regarding the application of Section 251(d)(3) of the Telecommunications Act of 1996, 1996 Pub. L. 104-104 ("Telecommunications Act"). The Telecommunications Act requires state commissions to set wholesale rates for any telecommunication service offered by the local exchange company, in this case the Southern New England Telephone Company ("SNET'), on the basis of retail rates, less avoided costs such as marketing and billing costs. These wholesale services will be purchased by rival telecommunication companies competing against SNET in the local exchange markets.
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You have requested our advice on several issues involving the tourism districts created under Conn. Gen. Stat. § 32-302(a). Your first question is whether the tourism districts are exempt from state sales tax under § 12-412(l) as "political subdivisions" of the state or "agencies' of the state or any political subdivision thereof. You have also inquired whether the Single Audit Act, Conn. Gen. Stat. § 4-230 et seq. and/or the Municipal Auditing Act, Conn. Gen. Stat § 7-391 et seq. apply to the tourism districts. Your final question is whether the Department of Revenue Services has any responsibility under either the Single Audit Act or Municipal Auditing Act with regard to funds disbursed to the tourism districts.
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Deputy Commissioner Gilligan requested our opinion as to whether the H.E.L.P. Program, as currently constituted, is insurance. The H.E.L.P. Program is a plan marketed as a contractual appendix to service agreements sold by fuel oil dealers to fuel oil customers. Two versions of the plan are marketed: one version provides for the clean up of the accidental release of oil on a customer's property caused by a leaking fuel oil tank: the other provides for the clean up and replacement of a defective tank.
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In your letter dated June 20. 1996, you requested our opinion as to whether the Commissioner of Higher Education must obtain authorization of the Governor under Conn. Gen. Stat. §3-7 prior to forgiving under Conn. Gen. Stat. §10a-163(f)(4) an uncollectible loan made pursuant to the Teacher Incentive Loan Program.
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This opinion is in response to your request for advice on whether § 33 of Public Act 07-253 (Public Act), which imposes a tax on gross earnings from the provision of community antenna television service, video programming service by satellite, and certified video programming service in the State
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Honorable President Herbst in regards to your inquiry as to the authority of the University of Connecticut ("UConn") to acquire or dispose of real estate.
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You have asked for an opinion as to whether, under§ 1-301 of the General Statutes, the Governmental Accountability Commission (GAC) has "the authority to periodically evaluate the Executive Administrator" and "to periodically set goals and expectations for the Executive Administrator."
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This letter responds to your request for a formal legal opinion concerning the authority to appoint a new chairperson for the Board of Firearms Permit Examiners (the "Board").
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Honorable Evonne M. Klein has separately requested a formal opinion as to the applicability of the state prevailing wage statute, Conn. Gen. Stat. § 31-53, to construction and renovation projects of local housing authorities.
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This letter responds to your request for a formal legal opinion concerning the scope of the "rental charges" that a municipal fair rent commission is authorized to review. Specifically, you have asked whether a fair rent commission's authority under Conn. CJen. Stat. § 7 -148b