These opinions were based on the law as it existed at the time the opinions were issued. They may have been superceded by changes in constitutional, statutory, or case law.
Topic
University of Colorado Insurance Corporation
Summary
University of Colorado Insurance Corporation as constituted is a public entity subject to auditing oversight by the Office of the State Auditor.
| FORMAL OPINION of GALE A. NORTON |
No. 92-12
AG Alpha No. LE AU AGASU December 31, 1992 |
Topic
Release of Criminal Justice Records with Names of Sexual Assault Victims
Summary
House Bill 92-1195, amending both the Criminal Justice Record Act and the Open Records Act, is not intended to prohibit release of such court records to parties in interest and their counsel or to other criminal justice agencies without deleting victims' names. While Section 24-72-205(3) does not provide for the assessment of a fee for making the requisite "deletions," such a fee may be charged under the Criminal Justice Records Act.
Topic
Waiver of Workers Compensation to Contractor
Summary
A waiver of workers' compenstaion pursuant to section 8-41-202 only applies to the corporation for which the "employee" is also a corporate officer. Therefore, a waiver executed by a subcontractor's officer-employee does not relieve the general contractor of its obligation to provide coverage for the subcontractor-employee under section 8-41-401.
| FORMAL OPINION of |
Topic
Credit Union Charters
Summary
Section 11-30-103(2) does not permit the chartering of a credit union with a field of membership consisting of a community the size of the City of Aurora.
| FORMAL OPINION of GALE A. NORTON |
No. 92-9
AG Alpha No. RG BA AGATP October 9, 1992 |
Topic
Board of Assessment Appeals Filing Fees
Summary
The fees authorized by section 39-2-125(1)(h), C.R.S. (1992 Supp.) apply only to a certain type of section 39-8-108(1), C.R.S. (1992 Supp.) valuation appeal from county boards of equalization.
| FORMAL OPINION of GALE A. NORTON |
No. 92-8
AG Alpha No. LO AA AGATL September 29, 1992 |
Topic
Procuring Professional Services from Architects, Engineers & Land Surveyors.
Summary
The General Assembly intended to further the same goals in Part 14 as did Congress and the Model Code drafters. The two-step procurement methodology of Part 14 is founded upon the removal of price competition from the selection of the most highly qualified professional for the job. Price comes into the procurement process only after the three most highly qualified professionals have been selected.
Topic
Insuring the Public School Permanent Fund
Summary
The Public School Permanent Fund does not qualify for separate federal insurance as the result of the Treasury being trustee of the Fund.
| FORMAL OPINION of GALE A. NORTON |
No. 92-6
AG Alpha No. TR TR AGASI July 8, 1992 |
Topic
Physician Advertising
Summary
Subsection 12-36-128.5(8)(f), C.R.S. specifically prohibits misleading advertising in the form of advertising of "board certification" where those words lack intrinsic meaning. Constitutional considerations, however, require specific findings and narrow restrictions when limiting otherwise truthful speech.
| FORMAL OPINION of GALE A. NORTON |
Topic
Administrative Procedure Act/Crime Victim Compensation Act
Summary
Standards for administering the crime victims' compensation fund and the victims' and witnesses' assistance and law enforcement fund, and sanctions for violations of those standards, are "rules" because they are agency statements of general applicability and future effect that implement or declare law or policy and set forth the procedure or practice requirements of the agency. They must, therefore, be promulgated through formal rulemaking.
Topic
Brand Inspection Fees
Summary
A per-head inspection fee of 40 cents for horses and a lower per-head inspection tax for other nonslaughter livestock violates section 35-41-104(1), C.R.S. (1991 Supp.). A per-head inspection tax of 38 cents for nonslaughter livestock and 30 cents for slaughter livestock also violates section 35-41-104(1), C.R.S. (1991 Supp.).
| FORMAL OPINION of GALE A. NORTON |