The Office of the Attorney General William Tong
Formal Opinions
Page 24 of 42
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Through your General Counsel, Catherine E. LaMarr, you requested an opinion of this Office on a matter concerning the Second Injury Fund and its assessment audit program. At issue is the meaning of the statutory language "from the date the sum should have been paid" with respect to the statutory interest penalty in Conn. Gen. Stat. §31-354(a). You indicate that the Fund has been applying the statutory interest penalty from the beginning of the audit period on any unpaid amounts resulting from accounting errors, reporting errors, or otherwise.
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You have asked whether the exclusion under Conn. Gen. Stat. § 38a-860(f)(2)(D)(iii) of the Connecticut Life and Health Insurance Guaranty Association Act ("Act") applies to an excess loss health insurance policy issued by Legion Insurance Company ("Legion"), an insurance carrier that is in liquidation, to ProFlow, Inc. ("ProFlow"), a Connecticut corporation, which procured the policy as part of its health benefits plan for its employees.
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You have requested our advice regarding the State Marshal Commission's course of action regarding auditing the records of a deceased marshal. You advised us in your letter that the daughter of a deceased marshal inquired of your office as to whether or not she could "continue to collect on wage executions," which collection had apparently been commenced by her deceased father but had not been completed at the time of his death.
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Representative Robert M. Ward, 2005-025, Formal Opinion, Attorney General of Connecticut
You have requested a formal legal opinion concerning the protections afforded to members of the General Assembly by Conn. Gen. Stat. § 2-3a, which prohibits discrimination in the workplace against those who hold the office of state senator or representative.
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In my opinion, there is no legal distinction between a PSA and a POS, even though the Office of Policy and Management (“OPM”) may choose to establish certain administrative procedures treating these types of agreements differently; they are both valid vehicles for entering into binding State contracts.
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I write to advise you that you can and should release all information concerning provider rate reimbursement. You have the authority to disclose such provider rate reimbursement information that has been produced to you by Medicaid Managed Care Organizations (“MCOs”). You should reject assertions by the MCOs that the information must be kept confidential under the Freedom of Information Act (“FOIA”) and the terms of their contracts with the Department of Social Services (“DSS”).
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Honorable J. Robert Galvin, M.D., M.P.H., 2005-023 Formal Opinion, Attorney General of Connecticut
Your department has requested our opinion as to the authority of a local health department to conduct warrantless inspections and its authority to issue "hold" orders on food items.
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Honorable J. Robert Galvin, M.D., M.P.H., 2005-022 Formal Opinion, Attorney General of Connecticut
Your department has requested advice on whether marriages performed on the Mashantucket Pequot Indian Reservation in Ledyard are valid under state law.
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Honorable J. Robert Galvin, 2005-024 Formal Opinion, Attorney General of Connecticut
This letter is in response to a request from Elizabeth Frugale, Registrar of Vital Records, for a legal opinion as to whether Connecticut courts will recognize out-of-state civil unions, same-sex marriages and same-sex domestic partnerships after Connecticut's Act Concerning Civil Unions, 2005 Conn. Pub. Act No. 05-10 (the "Act" or "P.A. 05-10"), takes effect on October 1, 2005. In particular, Ms. Frugale has asked whether, after October 1st, a couple that has entered into a civil union, same-sex marriage, or domestic partnership out-of-state may legally enter into a civil union in Connecticut with the same partner.1 Because this issue is of statewide interest and importance, we are addressing our response to you in the form of a formal legal opinion.
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This letter is in response to your request for a formal legal opinion as to whether the Judicial Branch has a legal duty to disclose to the public the master list of prospective jurors compiled pursuant to Conn. Gen. Stat. § 51-222a.
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You have asked for my opinion on the authority of the Board of Education and Services for the Blind (BESB) to choose the brand name products to be sold in vending machines placed on public property by BESB pursuant to Conn. Gen. Stat. § 10-303
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Thank you for your letter requesting my opinion on two questions: (1) whether the Judicial Review Council (“the Council”) has jurisdiction over misconduct committed by acting workers’ compensation commissioners appointed on a per diem basis pursuant to Conn. Gen. Stat. § 31-280(a)
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Recently, you requested an opinion regarding whether a conflict of interest exists for a member of the Board of Firearms Permit Examiners (hereinafter the Board) arising from his participation as the named plaintiff in a class action lawsuit against the Commissioner of the Department of Public Safety
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Daniel F. Caruso, Chairman, Formal Opinion 2007-010, Attorney General State of Connecticut
You have asked me to provide “an opinion as to what the rights and responsibilities are of the utility companies relative to their use of existing easements” in connection with the Middletown – Norwalk 345 kV electric transmission line and associated facilities approved by the Council in Docket No. 272.
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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