Formal Opinions
Page 10 of 42
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You have asked this Office for an opinion regarding the right of the Mashantucket Pequot Tribe ("Tribe") to establish its own workers' compensation code and Commission. You state that the Tribe has enacted the Mashantucket Pequot Tribal Workers' Compensation Code ("Tribal Code"), effective July 1, 1997, which provides that any accident or personal injury arising out of and in the course of employment with the Tribe, which has a date of injury after the effective date, will be governed solely by the Tribal Code.
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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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You have requested an opinion concerning the validity of certain claims of testimonial privilege asserted by officials of the State Department of Environmental Protection (DEP) subpoenaed to testify at a hearing of the Joint Committee on Labor and Public Employees ("Joint Committee").
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This is in response to your letter dated August 27, 2001, in which you request our opinion on whether the Department of Economic and Community Development ("DECD") is a "public housing agency" within the purview of the United States Housing Act of 1937 ("Housing Act"), 42 U.S.C. § 1437 et seq., and, therefore, is an entity able to participate as a public housing agency in programs authorized under the Housing Act.
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We are replying to your letter of January 16, 1997 in which you ask a number of questions concerning the legality and propriety of Mr. John B. Meskill's January 15, 1997 resignation as executive director of the Division of Special Revenue (the "Division") to become the executive director of the Mashantucket Pequot Tribal Gaming Commission (the "Tribal Commission"). In particular, you would like to know (1) whether the specific revolving door limitation contained in General Statutes
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You have asked for our opinion about whether you have correctly interpreted two aspects of Conn. Gen. Stat.
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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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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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You have asked for our opinion whether federal and state law permits a municipality to operate a Department of Housing and Urban Development (“HUD”) Section 8 housing program outside of its geographical area.
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You have asked us whether the Comptroller has authority to remit funds, which have been offset from amounts payable to state vendors who have defaulted on their federal student loans, to the Connecticut Student Loan Foundation (CSLF).
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This letter responds to your request for an opinion dated January 31, 1997. Briefly stated, your letter relates that since 1993 the Division's regulations have provided: "A prize to which a purchaser may become entitled shall not be assignable." Conn. Stat. Regs.
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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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You have requested our opinion as to whether Section 27-76 of the Connecticut General Statutes permits honor guards from bona fide Connecticut State Veteran’s Organizations to accept pay at a rate of less than the fifty dollars per day as set forth in that statute.