Formal Opinions
Page 8 of 42
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You recently requested an opinion from this office regarding the following questions: 1. Is the filing of a notice and fee by a federally-registered investment adviser under Section 36b-6(d) or 36b-6(e) of the Connecticut General Statutes, for which a letter of acknowledgment is issued by the Department, considered to be a "license or permit to operate a business in this state" within the meaning of Section 31-286a(b) of the Workers' Compensation Act? 2. Is the filing of an annual notice renewal fee by such an investment adviser under Section 36b-6(e) of the Connecticut General Statutes considered the renewal of a license or permit within the meaning of Section 31-286a(b) of the Act? 3. If the response to either of the foregoing questions is yes, is Section 31-286a(b) of the Act preempted because it exceeds what is reserved to the states under Section 307(a) of NSMIA, viz., the filing by federally-registered investment advisers of any documents filed with the SEC? 4. If it is determined that Section 31-286a(b) of the Act is preempted, will the Department be liable for failure to comply with Section 31-286a(b) if it fails to obtain from federally-registered investment advisers sufficient evidence of current compliance with the workers' compensation insurance coverage requirements of Section 31-284?
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You have asked for our opinion on whether towns can spray for mosquitoes in areas in which the Department of Environmental Protection (DEP) does not intend to spray and whether towns can prevent the state from conducting its own spraying program within town boundaries.
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I am writing in response to the letter of August 12, 2000 requesting an opinion on whether a contract between the Connecticut Department of Correction (Department) and the Virginia Department of Correction will terminate on October 21, 2000 for noncompliance with the provisions of Conn. Gen. Stats. §§ 4a-60 and 4a-60a.
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By letter dated November 27, 1990 you have asked two questions raised as a result of a request of a member of the State Teachers' Retirement System who has not received any retirement benefit payments since his retirement in 1986. The first question concerns whether retirement benefits can be paid to the member retroactively to 1986 pursuant to a payment plan which he selected in June, 1990, which differs from a payment plan which he previously had on file with the Board in 1986. The second question is whether the Board may pay interest at a reasonable rate from the time each payment was due until the date payment is made.
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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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Consumer Counsel Healey, Formal Opinion 2011-007,State of Connecticut Attorney General
Opinion regarding Department of Energy and Environmental Protection request that Public Utilities Regulatory Authority suspend proceedings in pending contested proceeding
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By letter dated March 14, 1991, you request our advice on the accuracy of certain guidelines issued by the Department of Public Safety concerning the provisions of Connecticut General Statutes §§ 29-37a, 29-37b and 29-37c. The statutes in question deal generally with the waiting period and paperwork applicable to the purchase of a firearm other than a pistol or revolver, the provision and use of trigger locking devices at the time of purchase of a firearm, and the proper storage of loaded firearms at the home or business of the owner.
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This letter responds to your request for an opinion dated January 15, 1991. In that request, you asked for a clarification of your authority as a sub registrar of vital statistics to issue a disinterment permit in a case of alleged suspicious death. The request was prompted by a request you received from the parents of a deceased man asking you to issue a disinterment permit for the disinterment of their son for a second autopsy.
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You have asked for a formal opinion as to whether Public Act No. 03-45, An Act Concerning Secondhand Smoke in Work Places, applies to Foxwoods and the Mohegan Sun casinos. In particular, you ask whether section 14 of the gaming compacts,1 which requires the Mashantucket Pequot and Mohegan Tribes to adopt health and safety standards that are at least as rigorous as the State's health and safety laws, requires application of the smoking ban to the Tribes' gaming facilities.
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You have requested an opinion as to whether the Department of Mental Health and Addiction Services (DMHAS) is required to apply to the Office of Health Care Access (OHCA) to obtain a certificate of need authorizing the reduction or elimination of health care services provided by DMHAS.
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By letter dated July 19, 1991, you state that a company called Hartford Paving Inc. ("Hartford Paving" ) has been performing bridge painting work for the Department of Transportation ("DOT") pursuant to purchase orders issued to it by the DOT in accordance with Contract Award No. 890-A-13-1054-C. You have asked our opinion as to whether the Department of Consumer Protection has a right to attach or garnish funds.
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You have asked whether the State Board of Education should continue to enforce Connecticut’s elementary and secondary school intra-district racial imbalance statutes
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On September 25, 1995, the Attorney General issued a formal opinion concerning the regulation of invalid coach and wheelchair livery services within the State of Connecticut. The Office of Emergency Medical Services ("OEMS") regulates invalid coach service as an ambulance service pursuant to Conn. Gen. Stat. §19a-180. The Department of Transportation ("DOT") regulates the transportation of livery service for the elderly and the handicapped pursuant to Conn. Gen. Stat. §13b-105. Subsequent to the issuance of the opinion, a question has arisen regarding the distinction between invalid coach and wheelchair livery service, and therefore, whether the regulation of a particular transportation service falls under the jurisdiction of OEMS or DOT.
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This is in response to your request for a formal opinion regarding the current reimbursement system for wheelchair accessible livery under the Department of Social Services (DSS) regulations enacted in 1989.
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This letter is in response to your request of June 2, 1992 for our opinion concerning the licensing of pharmacies which are owned by physicians.