The Office of the Attorney General William Tong
Formal Opinions
Page 12 of 42
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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 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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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 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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You ask for our opinion on whether you may issue rulings on two issues that have been presented to you: (1) whether to approve the party designation "Independent Party" proposed by the Independent Party of Waterbury in connection with an anticipated gubernatorial candidacy
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You have asked whether transfers of surplus State property to municipalities, pursuant to Conn. Gen. Stat. § 3-14b , or pursuant to special or public acts of the Connecticut General Assembly directing the disposition of particular parcels of property, implicate the provisions of the Connecticut Environmental Policy Act
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You have asked our opinion on whether a firefighter injured in the line of duty on April 5, 1997 is eligible for benefits from the Connecticut State Firefighters Association under the provisions of Conn. Gen. Stat. § 3-123, as amended by Public Act 98-263.
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This is in response to your request for an opinion on whether the two-store limit rule in Conn. Gen. Stat. § 30-48a bars the issuance of a package store permit to Jaimax, Inc. for premises at 701 North Colony Road, Wallingford, CT.
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In your letter dated August 31, 2000, you asked whether the state can recover interest from the United States Postal Service as a result of the late delivery of certified mail containing tax returns and $140 million in tax payments. In analyzing this issue, it must be noted that any action against the United States Postal Service is, in fact, an action against the United States.
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This is in response to your letter dated January 19, 2000, in which you request our opinion on whether the Department of Transportation ("DOT") has the authority to enter into major contracts regarding development at Bradley International Airport ("BIA") when the Bradley International Airport Commission ("Commission") believes that DOT has failed to fully cooperate with the Commission in accordance with the provisions of subsection (b) of Section 15-101s of the Connecticut General Statutes.
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You have asked for an interpretation of Conn. Gen. Stat. § 26-3 as regards DEP's authority to take any animal by whatever means reasonably necessary to carry out its functions, even if the means DEP intends to use is contrary to another statutory provision.
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This opinion responds to Commissioner Armstrong’s request for advice regarding the Department of Correction's leave policy for employees who participate in the military reserves or National Guard. Because his question concerns the implementation of a General Notice issued by the Department of Administrative Services, we address this advice to both of you.
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You have asked for our advice in interpreting Public Act 95-237, "An Act Concerning Special Education Due Process, The Cost of Special Education And A School Construction Project." The principle questions you pose relate to the special education of children placed by the Department Of Children and Families.
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This is in response to your letter of November 27, 1996, in which you requested the opinion of this office as to whether the Commission on Human Rights and Opportunities (hereinafter "CHRO") retains jurisdiction pursuant to Public Act 96-241 Section 1, to process discriminatory practice complaints filed on or before January 1, 1996 when CHRO has issued a finding of reasonable cause or no reasonable cause not later than January 1, 1997, and one of the following circumstances applies: The Complainant has requested reconsideration and the reconsideration request is pending action by the Commission on January 1, 1997. The Complainant has requested reconsideration, the Commission has reconsidered the complaint, and the Commission's investigator is conducting additional investigation pursuant to the Commission's reconsideration. The Complainant has appealed the Commission's determination (merit assessment review or no reasonable cause) to court, the appeal is pending on January 1, 1997 and the court subsequently remands the case to the Commission for further investigation. The Complainant has appealed the Commission's determination of no reasonable cause to court and the court already has remanded the case to the Commission. The Attorney General or Commission Counsel have withdrawn or withdraw after January 1, 1997, the certification of the complaint to public hearing for further investigation.
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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.