AG Opinions

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 They may have been superceded by changes in constitutional, statutory, or case law.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. 92-07 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.

No. 91-08 AG Alpha No. NR AD AGASR - October 16, 1991

This opinion responds to the regulation of development in flood hazard areas by local government.

Summary

Local governments may regulate development in a manner which is necessary to minimize flood hazards. Local governments may require persons building agricultural structures and flood control devices to obtain building permits and to construct such structures in accordance with applicable zoning regulations on building codes.


FORMAL
OPINION

of

No. 91-07 AG Alpha No. PE EB AGASM - October 15, 1991

This opinion responds to the awarding of Public Employees Retirement Association (hereafter, "PERA") retirement service credit.

Summary
Full-time classified employment for purpose of calculation PERA service credit is 40 hours per week, 52 weeks per year; an employee who works 20 hours per week gets one-half year of service credit for each calendar year worked.


FORMAL
OPINION

of

GALE A. NORTON
Attorney General

No. 91-06 AG Alpha No. LO HO AGASL - September 20, 1991

This opinion responds to waiver of tap fees.

Summary
Special districts may not waive fees or charges for services and facilities provided to developers of low-income housing. Special districts may defer payments for a reasonable time if a developer does not have the ability to pay according to the established schedule.


FORMAL
OPINION

of

GALE A. NORTON
Attorney General

No. 91-6

AG Alpha No. LO HO AGASL

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