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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 They may have been superceded by changes in constitutional, statutory, or case law.

No. 92-10 AG Alpha No. JD JD AGATK - October 28, 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.

No. 92-11 AG Alpha No. LE HR AGATJ - October 28, 1992

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

No. 92-09 AG Alpha No. RG BA AGATP - October 9, 1992

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
Attorney General

 No. 92-9

AG Alpha No. RG BA AGATP

October 9, 1992

No. 92-08 AG Alpha No. LO AA AGATL - September 29, 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
Attorney General

 No. 92-8

AG Alpha No. LO AA AGATL

September 29, 1992

No. 92-07 AG Alpha No. LE HR AGATC - September 2, 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.

No. 92-06 AG Alpha No. TR TR AGASI - July 8, 1992

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
Attorney General

 No. 92-6

AG Alpha No. TR TR AGASI

July 8, 1992

No. 92-05 AG Alpha No. RG ME AGATB - July 2, 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
Attorney General

No. 92-04 AG Alpha No. PS CJ AGASG - February 10, 1992

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.

No. 92-03 AG Alpha No. AG BI AGASE - February 6, 1992

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
Attorney General

No. 92-02 AG Alpha No. LA WC AGASX - February 5, 1992

Topic
Insurance Programs Under Workers Compensation Coverage Act

Summary
The rejection of worker's compensation under the corporate officer exemption, section 8-41-202, is effective only as it relates to the "employing corporation" -- the corporation of which the worker is a corporate officer. The waiver does not affect any other entity. Any other employer of the worker must provide compensation under the requirements of the Act.

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