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 They may have been superceded by changes in constitutional, statutory, or case law.
State personnel system employee payroll lag.
Summary
Current state law permits state personnel system employee payrolls to be lagged beyond the end of the applicable pay period.
| FORMAL OPINION of DUANE WOODARD |
No. 85-9
AG Alpha No. AD AC AGAOH April 12, 1985 |
Leasing Authority of the Division of Correctional Industries
Felony convictions under the lottery statute
Summary
The Lottery Division may not revoke a lottery sales agent's license or deny an application for a license, until all direct appeals of a conviction have been exhausted. If the conviction is upheld after completion of the appeals process, the Lottery Division must revoke the sales agent's license or deny the application for a license.
| FORMAL OPINION of DUANE WOODARD |
Colorado Department of Health condemnation authority under section 25-11-303(1)(d), C.R.S. (1982)
The Peace Officers Standards and Training board's authority under sections 24-33.5-301 to 308, C.R.S. (1984 Supp.) to certify peace officers
Summary
The Peace Officers Standards and Training board has no authority to certify law enforcement officers in categories not enumerated in the definition of "peace officer" found in section 24-33.5-303(6).
| FORMAL OPINION of DUANE WOODARD |
Effect of initiated constitutional amendment prohibiting the use of "public funds" for induced abortions on state employee health insurance coverage
Interest on refunds claimed on an amended tax return
Applicability of Colorado Open Meetings and Open Records Acts to state institutions of higher education
Summary
Neither the Open Meetings nor the Open Records Act expressly apply to the state institutions of higher education. Thus, because of the holdings in Uberoi and Associated Students, supra, I must conclude that these institutions may adopt their own procedures concerning the disclosure of their records to the public and the conduct of their meetings.
Mandatory housing of violent offenders in major institutions for at least 6 months.
Summary
There is no statutory definition of the phrase "violent offender" which appears in section 17-25-103 so the department may interpret the phrase in accord with its commonly accepted meaning.
The 6 month time period required by section 17-25-103 should begin upon the inmate's reception at any diagnostic unit operated by the department and should not include any time spent in presentence confinement.
Re-enrollment of nonresident students changing tuition status
Summary
A requirement for qualified out-of-state students to re-enroll before being permitted to matriculate as in-state students requires legislative action by the general assembly. Such a legislative discrimination would withstand constitutional challenge only if it is part of a scheme that is rationally related to a legitimate state interest.
| FORMAL OPINION of |