The Office of the Attorney General William Tong
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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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Your department requested our advice on whether individuals or firms providing personal services to the Department of Public Safety, to examine fire damaged electrical systems in order to determine whether such systems caused the fire, must be licensed as private detectives in accordance with Section 29-153 of the Connecticut General Statutes.
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In a letter dated April 16, 1998, you requested our advice on the authority of the New Haven County Sheriffs Department to operate the Union Avenue Detention Center (New Haven lockup). Your request arose as a result of a report by the Auditors of Public Accounts which questions whether your continued operation of the New Haven lockup is in full compliance with all applicable laws and regulations.
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Your office has inquired about the status of a pending application to extend a permit previously issued to Fedus Associates, LLC to construct an asphalt plant in Colchester, Connecticut. Your inquiry asks about the effect Public Act 98-216 has on the company's application.
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This is in response to a request from your Department for an opinion on whether your agency can use minors in unannounced tobacco age law enforcement checks at Connecticut bars serving alcoholic liquor.
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This is in response to your request for an opinion on whether an employee of the Division of Special Revenue (DOSR) may own stock in International Game Technology, Inc. (IGT) in light of the conflict of interest rules contained in Conn. Gen. Stat. |12-561.
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This is in response to your request for opinion pertaining to reimbursement of regulatory costs under the Mashantucket Pequot Gaming Procedures, 56 Fed. Reg. 24996 (May 31, 1991) (Procedures). You ask whether the Procedures, which allow you to assess the Mashantucket Pequot Tribe (Tribe) for "reasonable and necessary costs" of regulating and investigating operations at Foxwoods, include reimbursement of indirect as well as direct costs.
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You have asked for an opinion regarding the interpretation of certain provisions of the Memorandum of Understanding (MOU), originally executed April 25, 1994, between the State of Connecticut and the Mohegan Tribe ("Tribe") which permits the Tribe to operate video facsimile games as long as the Tribe contributes to the State a percentage of the revenue generated from those games in accordance with the terms of the MOU. In particular, a dispute has arisen between the Division of Special Revenue ("Division") and the Tribe concerning how to calculate certain payments.
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You have requested a formal opinion by this office regarding issues presented in Public Act 98-111, Connecticut's most recent "Megan's Law." Public Act 98-111, which becomes effective October 1, 1998, establishes a sexual offender registration system for Connecticut that significantly expands the circumstances under which a convicted sexual offender is required to register with and provide current information to the Department of Public Safety and Connecticut State Police. Failure to register as required is a Class D felony under the act.
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You have asked this office for an opinion regarding whether Conn. Gen. Stat. 20-627 to 20-630 apply to the "Pequot Pharmaceutical Network", a pharmacy owned and operated by the Mashantucket Pequot Tribal Nation on the Mashantucket Pequot Reservation in Ledyard, Connecticut. These statutory provisions regulate "nonresident pharmacies", which are defined as "any pharmacy located outside this state which ships, mails or delivers, in any manner, legend devices or legend drugs . . . into this State." Conn. Gen. Stat. 20-627. Thus, the dispositive question is whether a pharmacy located solely on reservation land situated within the geographical boundaries of the State of Connecticut is "within" the State of Connecticut for purposes of the statute.
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This is in response to your request for an opinion on whether the "revolving door" limitation of Conn. Gen. Stat. 12-557d(c) applies to you if you resign as Acting Executive Director of the Division of Special Revenue to accept a position as President and Chief Executive Officer of the Connecticut Lottery Corporation (CLC).
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You have requested an opinion of this office as to whether a surviving spouse of a Teachers’ Retirement System member can receive the survivor’s benefits provided by Conn. Gen. Stat. § 10-183h(d) when the member’s sole designated beneficiary is a trust to which she was the sole beneficiary until her death.
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This letter is in response to your request for a formal legal opinion as to whether attorneys who serve dually as attorneys and guardians ad litem (“GALs”) in certain Juvenile Matters are entitled to “state employee immunity and liability defense” by the Attorney General
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This is in response to the letter drafted on your behalf by Commission Counsel Murphy dated May 24, 2002, as amended and supplemented by the letter dated June 14, 2002, in which you request our opinion as to the validity of two recent appointments to vacancies on the Commission on Human Rights and Opportunities (hereinafter CHRO).
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You requested an opinion of this Office as to whether former State Treasurer Paul Silvester had the authority to exempt the Mohegan Tribal Gaming Authority (the "Tribe") from the Second Injury Fund ("the Fund") assessment, required of all state employers pursuant to Conn. Gen. Stat. § 31-354, and to bind the Fund to an apparent agreement for this purpose.