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 They may have been superceded by changes in constitutional, statutory, or case law.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. 07-04 AG Alpha No. LO AD AGBCC August 30, 2007

The Department of Local Affairs has requested an opinion concerning the ability of a non-profit entity that has been designated as a public housing agency under federal law to provide housing services with the geographical jurisdiction of state public housing authorities.

No. 07-03 AG Alpha No. HE HE AGBCF August 14, 2007

David Skaggs, Executive Director of the Colorado Department of Higher Education, requested an opinion from this office concerning the question of whether a person qualifies for in-state tuition at a public college or university under the following circumstances: the person is a United States citizen, under the age of 22, and not emancipated; and the person’s parents1 have lived in Colorado for at least 12 continuous months prior to the student’s enrollment with the intent to stay, but are undocumented. As was discussed with Mr.

No. 07-02 AG Alpha No. ED AD AGBCD August 13, 2007

This opinion, requested by Commissioner of Education Dr. William Moloney, concerns whether the newly-enacted § 22-2-105(6), C.R.S., which states that during his term of office a member of the State Board of Education (“State Board”) shall not be an employee of the Colorado Department of Education (“CDE”), will affect the continued employment of State Board member Randy DeHoff as the Executive Director of the Charter School Institute (“Institute”).

No. 07-01 AG Alpha No. RV EN AGBCB July 6, 2007

The Department of Revenue has requested an opinion concerning its obligation to update the coal severance tax rate under section 39-29-106(5), C.R.S. (2006), in light of the limitations imposed by article X, section 20 of the Colorado Constitution, the Taxpayers’ Bill of Rights (“TABOR”).

No. 06-08 AG Alpha No. EX AD AGBCA November 21, 2006

This opinion answers a more narrow question of whether the Governor must expressly include such authorization in any activation order, or whether such authorization is implicit in all activations. This document also includes Opinion 06-06.

No. 06-07 AG Alpha No. RG ME AGBBY September 5, 2006

This opinion concerns whether the Board of Medical Examiners (“Board”) is authorized to take disciplinary action for a criminal “conviction” pending appeal of that conviction.

No. 06-06 AG Alpha No. EX AD AGBBW August 29, 2006

The governor requested an opinion concerning his power to authorize the Colorado National Guard to use lethal force when protecting infrastructure critical to the life, health or welfare of the State of Colorado. This analysis addresses only those situations in which damage to the infrastructure would likely result in death or serious bodily injury to persons, either immediately or in the foreseeable future.

No. 06-05 AG Alpha No. EX AD AGBBV July 24, 2006

This opinion, requested by Governor Bill Owens, concerns the respective authority of the Colorado Department of Revenue and the Colorado Limited Gaming Control Commission for the budget and personnel of the Division of Gaming.

No. 06-04 AG Alpha No. HL NH AGBBU April 11, 2006

This opinion, requested by the Executive Director of the Colorado Department of Public Health and Environment, concerns the right of the Office of the State Auditor (“Auditor”) to access certain confidential information held by the Health Facilities and Emergency Medical Services Division of the Colorado Department of Public Health and Environment (“Department”).

No. 06-03 AG Alpha No. LE AU AGBBQ March 30, 2006

This opinion concerns the application of the County, Municipal, and Political Subdivision Officers’ and Employees’ Retirement Systems, § 24-54-101, et seq. C.R.S. (2005) to metropolitan sewage disposal districts. The opinion is issued at the request of Colorado State Auditor Joanne Hill.

AG Opinions


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