The Office of the Attorney General William Tong
Formal Opinions
Page 3 of 42
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We are in receipt of a letter dated December 3, 1991, from the Commission's Administrator, John C. Ford, with an attached letter dated October 21, 1991, from Dr. Roger J. Harris. The issue on which you seek our guidance is whether the Commission must conduct an administrative hearing on the individual's application based upon the oral surgeon's letter dated October 21, 1991, which your agency interprets as a request for such a hearing.
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This letter is in response to your letter of March 12, 1992, in which you requested our opinion on the following issue: Is there any lawful basis upon which a municipality may refuse to meet the requirements of a state law when compliance with the law will result in costs to the municipality which are not reimbursed or otherwise borne by the state?
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By memo dated January 27, 1992 you requested an opinion from this office on whether state law can be construed to allow the Governor the option to not implement ("trigger off") an otherwise operable extended unemployment compensation benefit program (EB) should unemployment continue to rise to a certain level in this state. The purpose of this option is to allow the state's unemployed to be subject solely to a federally-funded emergency unemployment compensation (EUC) program. You also ask, assuming such a construction is allowable, whether the Governor may delegate the authority to "trigger off" state EB, as well as the authority to make all necessary contractual arrangements with the U.S. Department of Labor for administration of the EUC program, to the Administrator of the Unemployment Compensation Act pursuant to Conn.Gen.Stat. Section 31-250.
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In your letter of May 12, 1992, you join with Howard G. lger, M.D., Chairman of the Board of Pardons, in seeking our opinion as to the respective authority of the Governor and the Board in the granting of pardons for persons sentenced to death.
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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.
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By letter dated April 8, 1992, you requested our advice on the obligations of the department of public safety under Conn. Gen. Stat. § 29-196. You are specifically concerned with the provisions of Conn. Gen. Stat. § 29-196 which deals with the issuance of renewal certificates for elevators. You advise us that it is the practice of your department to issue a renewal certificate upon receipt of the appropriate fee and to subsequently inspect the elevator as required by Conn. Gen. Stat. § 29-195. You ask us whether the practice, as you have described it, is consistent with the provisions of Conn. Gen. Stat. § 29-196.
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The issue addressed in this opinion is whether Special Revenue Investigators may carry firearms.1 Special Revenue Investigators are employed by the Division of Special Revenue (DOSR) to investigate violations of the state's legalized gambling laws. In addition, they are statutorily granted the powers of State Police to make arrests for criminal offenses2 arising from the operation or conduct of the State's off-track betting and lottery.
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You have requested our advice on whether the provisions of the Connecticut Fire Safety Code, the Connecticut State Building Code and Conn. Gen. Stat. § 29-315, with regards to automatic fire extinguishing systems, preempt the field so as to preclude local ordinances on the subject.
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In your March 16, 1992 letter, you have sought this Office's advice as to whether a consumer may access the Home Improvement Guaranty Fund on more than one occasion against the same contractor.
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We are in receipt of your letter dated October 28, 1992, in which you ask, whether, under Conn. Const. Art. III, § 11 and Conn. Gen. Stat. § 2-5, the so-called "dual job bans," a member-elect of the General Assembly may assume the duties of an appointed position in the legislative branch prior to the completion of his current legislative term.
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This is in response to your request for opinion on whether municipalities that have voted to allow bazaars and raffles, but that have no chief of police or first selectman to investigate applications and issue permits as required by the Bazaar and Raffle Act, nevertheless may permit qualifying organizations to conduct bazaars and raffles.
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This will respond to your request for an opinion of the Attorney General concerning political activity of commissioners of the Public Utility Control Authority. The provisions of Conn. Gen. Stat. § 16-5 provide that a commissioner may be removed for: "Misconduct, material neglect of duty, incompetence in the conduct of his office, or active participation in political management or campaigns by any commissioner.... In particular you ask whether the following two scenarios present violations: attendance at dinners, or social events (1) in connection with financial contributions to political parties or candidates of such political parties for public office; or (2) in connection with the affairs of the political parties or their candidates, without regard to any financial contributions.
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The Honorable James Amann, State Capitol, 2003-002 Formal Opinion, Attorney General of Connecticut
This letter is in response to your request for a formal legal opinion as to the proper construction of Conn. Gen. Stat. § 51-44a, which governs the appointment of the Judicial Selection Commission, given an internal inconsistency in the statute created by the recent reapportionment of Connecticut's congressional districts.
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The Honorable Nancy Wyman, Comptroller, 2003-004 Formal Opinion, Attorney General of Connecticut
You have asked for a formal opinion as to whether the State is obligated to provide recently laid off state employees with certain severance benefits, including payment of the State's share of health insurance premiums for a period of six months after their termination from state service, pursuant to certain collective bargaining agreements and during administrative proceedings and/or additional negotiations with the unions on this issue.
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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.