Category: Colorado Attorney General Opinions

Jack E. Keene, Director Attorney General of Colorado — Opinion December 12, 1985 RE: Request for attorney general’s opinion regarding usage of VISA and Mastercard as a primary means of purchase and as a guarantor on personal checks received in payment for publications sold by Central Stores DUANE WOODARD, Attorney General Jack E. Keene, Director […]

FORMAL OPINION Attorney General of Colorado — Opinion January 13, 2011 Page 1 This opinion, requested by the Director of the Colorado Governor’s Energy Office, concerns application of Colorado law to interconnection agreements between cooperative electric associations and their customers who install renewable energy systems. JOHN W. SUTHERS, Attorney General QUESTION PRESENTED AND CONCLUSION Question: […]

The Hon. Mary Estill Buchanan Attorney General of Colorado — Opinion December 6, 1979 RE: Publication of the opinions of the committee on legal services in the Colorado Code and Register J.D. MacFARLANE, Attorney General The Hon. Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street Denver, Colorado 80203 Dear Ms. Buchanan: QUESTION PRESENTED […]

FORMAL OPINION Attorney General of Colorado — Opinion December 5, 2000 Whether Secretary of State Election in 2000 is “Previous General Election” Referred to in Colo. Const. Art. V, §§ 1(2) and 1(3) Alpha No. ST EL AGBAK This opinion is issued at the request of Donetta Davidson, the Secretary of State of the State […]

Gail H. Klapper Attorney General of Colorado — Opinion May 4, 1979 RE: The licensure or registration requirement for appointment to the Board of Registrations for Professional Engineers and Land Surveyors J.D. MacFARLANE, Attorney General Gail H. Klapper Executive Director Department of Regulatory Agencies Room 116 1525 Sherman Street Denver, Colorado 80203 Dear Ms. Klapper: […]

Ms. Paula Herzmark Attorney General of Colorado — Opinion December 5, 1979 RE: Tax exempt status of county housing authority bonds J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, CO 80203 Dear Ms. Herzmark: QUESTION PRESENTED AND CONCLUSION In your letter of November 1, […]

Mr. William J. Hilty Attorney General of Colorado — Opinion March 24, 1976 RE: Ethnic and racial minority eligibility lists and exams J.D. MacFARLANE, Attorney General Mr. William J. Hilty Executive Director State Department of Personnel 502 State Services Building 1525 Sherman Street Denver, Colorado 80203 Dear Mr. Hilty: QUESTIONS PRESENTED AND CONCLUSIONS In response […]

John J. Tipton Attorney General of Colorado — Opinion February 1, 1990 RE: Distributive Data Processing System DUANE WOODARD, Attorney General John J. Tipton Executive Director Colorado Department of Revenue 404 Capitol Annex 1375 Sherman St. Denver, CO 80261 Dear Mr. Tipton: This opinion letter is in response to your letter of December 15, 1989, […]

Mary Estill Buchanan Attorney General of Colorado — Opinion August 31, 1981 RE: Whether under C.R.S. 1973, 7-71-101(2) two corporations who are jointly doing business can file a trade name certificate for the same trade name J.D. MacFARLANE, Attorney General Mary Estill Buchanan Secretary of State Corporation Division Department of State 1575 Sherman St., 2d […]

Honorable Richard D. Lamm Attorney General of Colorado — Opinion September 10, 1976 RE: State Board of Equalization J.D. MacFARLANE, Attorney General Honorable Richard D. Lamm Governor State of Colorado State Capitol Denver, Colorado 80203 Dear Governor Lamm: QUESTION PRESENTED AND CONCLUSION You have requested my opinion as to whether the State Board of Equalization […]

FORMAL OPINION Attorney General of Colorado — Opinion. October 29, 2007 Colorado Governor Bill Ritter (“Governor”) and the Colorado Commission on Judicial Discipline (“Commission”) have requested an opinion concerning the legal powers of a person appointed to the Commission by the Governor after the adjournment of the Colorado Senate. JOHN W. SUTHERS, Attorney General QUESTIONS […]

Ms. Paula Herzmark Attorney General of Colorado — Opinion July 21, 1980 RE: Open meetings requirements for the Board of Assessment Appeals J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director of Local Affairs Room 518 1313 Sherman Street Denver, Colorado 80218 Dear Ms. Herzmark: This is in response to your April 10, 1980, request […]

Mr. Joseph F. Dolan Attorney General of Colorado — Opinion July 17, 1975 RE: Statutory authority to pay county clerks for the collection of sales tax J.D. MacFARLANE, Attorney General Mr. Joseph F. Dolan Executive Director Department of Revenue Capitol Annex Building 1375 Sherman Street Denver, Colorado 80203 Dear Mr. Dolan: QUESTION PRESENTED AND CONCLUSION […]

Morgan Smith Attorney General of Colorado — Opinion July 19, 1982 RE: Our request for an attorney general opinion regarding whether or not AMTRAK is exempt from property taxation in the State of Colorado J.D. MacFARLANE, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman Street #518 Denver, Colorado 80203 Dear Mr. […]

Mr. J. E. Losavio, Jr. Attorney General of Colorado — Opinion June 9, 1976 RE: Custody of county funds J.D. MacFARLANE, Attorney General Mr. J. E. Losavio, Jr. District Attorney Tenth Judicial District Pueblo County Judicial Building 320 West Tenth Street Pueblo, Colorado 81003 Mr. James V. Phelps County Attorney Pueblo County Courthouse Pueblo, Colorado […]

Mr. Alan N. Charnes Attorney General of Colorado — Opinion July 16, 1982 RE: Appointment of a state senator to serve on the Lottery Commission J.D. MacFARLANE, Attorney General Mr. Alan N. Charnes Executive Director Department of Revenue 1375 Sherman Street, Room 486 Denver, CO 80261 Dear Mr. Charnes: This opinion is written in response […]

The Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion September 15, 1975 RE: Application of lobbying laws to “expert witnesses” J.D. MacFARLANE, Attorney General The Honorable Mary Estill Buchanan Colorado Secretary of State State Capitol Building Dear Mrs. Buchanan: This is in response to your letter in which you ask several questions concerning […]

Rudy Livingston Attorney General of Colorado — Opinion January 26, 1983 RE: Whether Personnel rules can provide for mandatory or voluntary furloughs or the deferral of employee salaries to meet budgetary or fiscal constraints DUANE WOODARD, Attorney General Rudy Livingston Deputy Director Department of Personnel 1313 Sherman Street, First Floor Denver, Colorado 80203 Dear Mr. […]

The Honorable W.P. “Wad” Hinman Attorney General of Colorado — Opinion February 16, 1982 RE: Legislation Regarding Recreation District Residents J.D. MacFARLANE, Attorney General The Honorable W.P. “Wad” Hinman State Representative State Capitol Building Denver, CO 80203 Dear Representative Hinman: This opinion letter is written in response to your December 3, 1981 letter in which […]

M. Eileen Persichetti Attorney General of Colorado — Opinion November 26, 1982 RE: Jurisdiction of Personnel Board as to appeals of non-implementation of occupational studies J.D. MacFARLANE, Attorney General M. Eileen Persichetti Administrator State Personnel Board 1525 Sherman #617 Denver, CO 80203-1773 Dear Ms. Persichetti: I am writing in response to your request of September […]

Mr. Albert Hazle Attorney General of Colorado — Opinion July 17, 1980 RE: State’s authority to comply with the provisions of title 2 of the Uranium Mill Tailings Radiation Control Act of 1978 J.D. MacFARLANE, Attorney General Mr. Albert Hazle Director Radiation and Hazardous Wastes Control Division Colorado Department of Health 4210 East Eleventh Avenue […]

State Board of Examiners of Architects Attorney General of Colorado — Opinion December 5, 1975 RE: Illegality of Architects’ Board rule prohibiting competitive bidding J.D. MacFARLANE, Attorney General State Board of Examiners of Architects 119 State Services Building 1525 Sherman Street Denver, Colorado 80203 Gentlemen and Ms. Landeck: QUESTION PRESENTED AND CONCLUSION Can the Board […]

FORMAL OPINION Attorney General of Colorado — Opinion September 8, 1999 AG Alpha No. PS AD AGAWA Several Colorado sheriffs requested legal guidance from the Attorney General regarding their authority to act in the event that computer failures at the Year 2000 date change cause disasters or breaches of the peace. Subsequently, the Governor, and […]

Charles McGrath Attorney General of Colorado — Opinion August 2, 1984 RE: Whether the recent Colorado Supreme Court ruling disallowing deductions in the amount of the federal social security disability cost-of-living increases from workers’ compensation payments shall be given retroactive or prospective application DUANE WOODARD, Attorney General Charles McGrath Director, Division of Labor 1313 Sherman […]

Paula Herzmark Attorney General of Colorado — Opinion May 1, 1980 RE: Dacono’s power to enact an ordinance such as “Ordinance No. 223” establishing controls over contamination of waters, water courses, ponds, and lands within the town of Dacono J.D. MacFARLANE, Attorney General Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Rm. […]

Mr. Joseph F. Dolan Attorney General of Colorado — Opinion June 29, 1976 RE: Corporate income tax J.D. MacFARLANE, Attorney General Mr. Joseph F. Dolan Executive Director Department of Revenue 1375 Sherman Street Denver, Colorado 80203 Dear Mr. Dolan: This is in reply to your request for an attorney general’s opinion on the following: On […]

The Honorable Richard D. Lamm Attorney General of Colorado — Opinion April 13, 1982 RE: Creation of a new department of public safety J.D. MacFARLANE, Attorney General The Honorable Richard D. Lamm 136 State Capitol Denver, Colorado 80203 Dear Governor Lamm: This is in response to your opinion request dated April 5, 1982 regarding the […]

FORMAL OPINION Attorney General of Colorado — Opinion April 3, 1996 This opinion responds to a request from Representative Phil Pankey on an issue related to House Bill 96-1100. The bill would provide for the refunding of revenues in excess of the Arveschoug-Bird statutory limitation on state general fund appropriation. The refund is accomplished through […]

Roy R. Romer Attorney General of Colorado — Opinion May 23, 1979 RE: Payment of interest to the Mineral Leasing Fund J.D. MacFARLANE, Attorney General Roy R. Romer State Treasurer State Capitol Denver, Colorado 80203 Dear Mr. Romer: This letter is written in response to one of the inquiries raised in a letter dated April […]

Mr. C. Raymond Clark Attorney General of Colorado — Opinion December 21, 1977 RE: Operation of State Treasury RICHARD H. FORMAN, Assistant Attorney General Mr. C. Raymond Clark Acting Deputy Treasurer Department of the Treasury State of Colorado 140 State Capitol Denver, Colorado 80203 Dear Mr. Clark: This letter is another in a series of […]

FORMAL OPINION Attorney General of Colorado — Opinion April 12, 1996 This opinion is rendered in response to an inquiry from the Executive Director of the Department of Personnel regarding the payment of geographically adjusted salaries to Colorado state personnel system employees. GALE A. NORTON, Attorney General QUESTION PRESENTED AND CONCLUSION May the salaries paid […]

Governor Richard Lamm Attorney General of Colorado — Opinion April 7, 1980 RE: S.B. 16 (1980 Session) J.D. MacFARLANE, Attorney General Governor Richard Lamm State Capitol Building Denver, Colorado 80203 Dear Governor Lamm: QUESTION PRESENTED AND CONCLUSION This responds to your April 2, 1980 request for my opinion on whether S.B. 16 (1980 Session) is […]

Carleton E. McClure, D.C. Attorney General of Colorado — Opinion July 28, 1976 RE: Proposed rules and regulations of the State Board of Chiropractic Examiners J.D. MacFARLANE, Attorney General Carleton E. McClure, D.C. President, Colorado State Board of Chiropractic Examiners Department of Regulatory Agencies 1525 Sherman Street Denver, Colorado 80203 Dear Dr. McClure: I am […]

Steven V. Berson Attorney General of Colorado — Opinion November 18, 1980 RE: Transfer of the Motor Vehicle Hearing Section. J.D. MacFARLANE, Attorney General Steven V. Berson Deputy Director Department of Revenue 1375 Sherman Street Denver, CO 80261 Dear Mr. Berson: I am writing in response to your letter of September 15, 1980 in which […]

Senator Leslie R. Fowler Attorney General of Colorado — Opinion October 30, 1975 RE: Colorado Commission on Status of Women violating ERA to the Colo. Constitution J.D. MacFARLANE, Attorney General Senator Leslie R. Fowler Senate Chamber State of Colorado Denver, Colorado 80203 Dear Senator Fowler: QUESTION PRESENTED AND CONCLUSION The question has been raised whether […]

FORMAL OPINION Attorney General of Colorado — Opinion July 13, 2009 This opinion, requested by Governor Ritter’s Chief Legal Counsel Thomas M. Rogers, III, concerns whether funding limitations on the calculation of Adams State College’s full-time equivalent student enrollment enacted into law by House Bill 09-1272 are consistent with Article XVIII, § 9(7)(c)(III)(A) of the […]

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion July 21, 1980 RE: Interpretation of language relating to filing deadlines in the Colorado Election Code J.D. MacFARLANE, Attorney General Honorable Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street, 2nd Floor Denver, Colorado 80203 Dear Mrs. Buchanan: I am writing in response to […]

Mr. Joseph F. Dolan Attorney General of Colorado — Opinion March 9, 1976 RE: Is water tangible personal property J.D. MacFARLANE, Attorney General Mr. Joseph F. Dolan Executive Director Department of Revenue State Capitol Annex Denver, Colorado 80203 Dear Mr. Dolan: QUESTIONS PRESENTED AND CONCLUSIONS This is in reply to your letter of October 14, […]

Lorraine A. Reininger Attorney General of Colorado — Opinion February 22, 1977 RE: Interrogatory question J.D. MacFARLANE, Attorney General Lorraine A. Reininger Pueblo County Treasurer Pueblo, Colorado 81003 Dear Lorraine: I have your letter and request to join in an “Interrogatory Question” to the Supreme Court. Without discussing the substance of the question, the use […]

FORMAL OPINION Attorney General of Colorado — Opinion September 8, 1999 AG Alpha No. HE CS AGAWD This opinion responds to a request from the Colorado Secretary of State for an opinion regarding whether local term limits referenda may appear on ballots during elections conducted in odd years. KEN SALAZAR, Attorney General QUESTION PRESENTED AND […]

Board of Regents Attorney General of Colorado — Opinion February 25, 1975 RE: Application of the Sunshine Act to governing boards J.D. MacFARLANE, Attorney General Board of Regents University of Colorado Boulder, Colorado 80302 Dear Members of the Board: In reviewing the brief proposed to be filed in the case of theAssociated Students of the […]

Hamlet J. Barry, III Attorney General of Colorado — Opinion May 20, 1980 RE: MLR jurisdiction over remote load out sites under the Colorado Surface Coal Mining Reclamation Act J.D. MacFARLANE, Attorney General Hamlet J. Barry, III Director Mined Land Reclamation Division 1313 Sherman Street, 4th Floor Denver, CO 80203 Dear Mr. Barry: You requested […]

Ms. Paula Herzmark Attorney General of Colorado — Opinion November 21, 1979 RE: Obligations and liabilities of county treasurers arising from tax sales of mobile homes J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Colorado Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 Dear Ms. Herzmark: This is in reply […]

Ms. Paula Herzmark Attorney General of Colorado — Opinion October 29, 1979 RE: Dissolution of Special Districts J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, CO 80203 Dear Ms. Herzmark: QUESTION PRESENTED AND CONCLUSION This letter is written in response to your request for […]

Alan N. Charnes Attorney General of Colorado — Opinion February 23, 1983 RE: The Colorado income sales or use tax liabilities incurred by the “safe harbor” leasing transactions under section 168(f)(8) of the Internal Revenue Code DUANE WOODARD, Attorney General Alan N. Charnes Executive Director Colorado Department of Revenue 1375 Sherman Street, Room 486 Denver, […]

FORMAL OPINION Attorney General of Colorado — Opinion January 14, 2004 Colorado elected officials receive donations of funds or property from persons or entities that are designated to be used in connection with their office, rather than for election purposes. KEN SALAZAR, Attorney General This opinion considers whether Article XXVIII of the Colorado Constitution, a […]

C. Wayne Keith, Chief Attorney General of Colorado — Opinion June 5, 1981 RE: Statutory authority and obligation of the Colorado State Patrol to investigate traffic accidents occurring on private property J.D. MacFARLANE, Attorney General C. Wayne Keith, Chief Colorado State Department of Highways Division of State Patrol 4201 East Arkansas Avenue Denver, CO 80222 […]

Dr. Robert C. Dickeson, President Attorney General of Colorado — Opinion September 6, 1983 RE: May a reduced in force faculty member be certified as being on bona fide leave of absence DUANE WOODARD, Attorney General Dr. Robert C. Dickeson, President University of Northern Colorado Carter Hall, 4th Floor Greeley, Colorado 80639 Dear President Dickeson: […]

Richard T. Spriggs Attorney General of Colorado — Opinion May 18, 1979 RE: Payment of Cost of Transporting Federal Prisoners for State Prosecution J.D. MacFARLANE, Attorney General Richard T. Spriggs Chief Deputy District Attorney Second Judicial District West Side Court Building 924 West Colfax Avenue Denver, Colorado 80204 Dear Mr. Spriggs: On April 5, 1979, […]

Dr. Arnold R. Weber, President Attorney General of Colorado — Opinion July 9, 1984 RE: Self-insurance of workmen’s compensation by the University of Colorado DUANE WOODARD, Attorney General Dr. Arnold R. Weber, President University of Colorado 914 Broadway, Campus Box B-35 Boulder, CO 80309 Dear Dr. Weber: I write in response to your questions about […]

Gerald L. Agee, Director Attorney General of Colorado — Opinion March 3, 1977 RE: Prior commutations and good time provisions J.D. MacFARLANE, Attorney General Gerald L. Agee, Director Division of Correctional Services Department of Institutions 4150 South Lowell Boulevard Denver, Colorado 80236 Dear Jerry: In response to your request of January 17, 1977, I have […]

Mr. John P. Proctor, CPA Attorney General of Colorado — Opinion June 30, 1975 RE: Governor’s use of the executive residence J.D. MacFARLANE, Attorney General Mr. John P. Proctor, CPA State Auditor 1660 Lincoln Street, Suite 2410 Denver, Colorado 80203 Dear Mr. Proctor: QUESTION PRESENTED AND CONCLUSION This is my informal opinion in regard to […]

Timothy M. O’Brien, C.P.A. Attorney General of Colorado — Opinion December 10, 1990 RE: Dependent Tuition Assistance; In-state tuition rates for classes taken at Lowry Air Force Base. DUANE WOODARD, Attorney General Timothy M. O’Brien, C.P.A. State Auditor 200 East Fourteenth Avenue Denver, Colorado 80203 Dear Mr. O’Brien: This opinion letter is in response to […]

Ms. Jean C. Graham Attorney General of Colorado — Opinion October 23, 1979 RE: The term of the chairman of the Arts and Humanities Council J.D. MacFARLANE, Attorney General Ms. Jean C. Graham Office of the Governor Executive Chambers 136 State Capitol Denver, Colorado 80203 Dear Ms. Graham: QUESTION PRESENTED AND CONCLUSION I am writing […]

Dr. Calvin M. Frazier Attorney General of Colorado — Opinion December 12, 1975 RE: Compensation for non-certificated persons during a labor dispute JOSEPH N. de RAISMES, First Assistant Attorney General Dr. Calvin M. Frazier Commissioner of Education State Department of Education 201 East Colfax Avenue Denver, Colorado 80203 Dear Dr. Frazier: QUESTION PRESENTED AND CONCLUSION […]

Morgan Smith Attorney General of Colorado — Opinion August 2, 1985 RE: Application of Colo. Const. art. XII, § 13 to the tourism board DUANE WOODARD, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman Rm. 518 Denver, Colorado 80203 Dear Mr. Smith: I am writing in response to your request of […]

Clifford W. Hall Attorney General of Colorado — Opinion July 5, 1990 RE: Payment of Per Diem Expenses DUANE WOODARD, Attorney General Clifford W. Hall State Controller State of Colorado Division of Accounts and Control Department of Administration 1525 Sherman St., Room 706 Denver, CO 80203 Dear Mr. Hall: This opinion letter is written in […]

Ms. Kim Morss Attorney General of Colorado — Opinion October 28, 1992 RE: Release of criminal justice records containing the names of sexual assault victims. GALE A. NORTON, Attorney General Ms. Kim Morss Acting State Court Administrator Colorado Judicial Department 1301 Pennsylvania Street, Suite 300 Denver, CO 80203-2416 Dear Ms. Morss: This opinion responds to […]

Mr. C. L. Terrell, Secretary Attorney General of Colorado — Opinion June 16, 1975 RE: Allocation of moneys from the “Hesperus” account J.D. MacFARLANE, Attorney General Mr. C. L. Terrell, Secretary State Board of Agriculture Fort Collins, Colorado 80523 Dear Mr. Terrell: In response to your letter of May 21, 1975, it is my informal […]

Mr. Joseph Dolan Attorney General of Colorado — Opinion December 8, 1976 RE: Highway Users Tax Fund J.D. MacFARLANE, Attorney General Mr. Joseph Dolan Executive Director Department of Revenue State Capitol Annex 1375 Sherman Street Denver, Colorado 80203 Dear Mr. Dolan: QUESTIONS PRESENTED AND CONCLUSIONS You have requested my opinion as to the following questions: […]

C.L. Terrell, Secretary Attorney General of Colorado — Opinion January 10, 1975 RE: Granting easements, rights-of-way, leases or permits JOHN P. MOORE, Attorney General Mr. C. L. Terrell, Secretary The State Board of Agriculture Fort Collins, Colorado 80521 Dear Mr. Terrell: In response to your request for an opinion, I submit the following: The State […]

FORMAL OPINION Attorney General of Colorado — Opinion September 26, 2005 This opinion, requested by the City of Aurora through its city attorney, concerns the operation of C.R.S. §18-1-1001 regarding protection orders against defendants in domestic violence-related cases. This opinion is being issued to clarify whether the provisions of that statute apply to municipal courts […]

Ellen I. Wachs Attorney General of Colorado — Opinion February 20, 1979 RE: Constitutionality of the enabling statute of the Colorado Commission on Women J.D. MacFARLANE, Attorney General Ellen I. Wachs Executive Director Colorado Commission on Women 1525 Sherman Street, 600C Denver, Colorado 80203 Dear Ms. Wachs: I am writing in response to your inquiry […]

Mr. Jack E. Kennedy Attorney General of Colorado — Opinion December 16, 1976 RE: Inheritance Taxation of PERA Survivor Benefits Paid Pursuant to C.R.S. 1973, 24-51-801, et seq. J.D. MacFARLANE, Attorney General Mr. Jack E. Kennedy Executive Secretary Public Employees’ Retirement Association of Colorado 1390 Logan, 4th Floor Denver, Colorado 80203 Dear Mr. Kennedy: By […]

Dr. Robert Datteri Attorney General of Colorado — Opinion July 26, 1984 RE: The early retirement program of the State Board for Community Colleges and Occupational Education: Does it provide employee perquisites not authorized by statute or rule of the controller? DUANE WOODARD, Attorney General Dr. Robert Datteri Executive Director State Board for Community Colleges […]

FORMAL OPINION Attorney General of Colorado — Opinion April 13, 1993 This responds to the request of the Honorable Gail S. Schoettler, State Treasurer, for a formal Attorney General Opinion regarding the investment of highway user tax funds (“HUTF”) in non-interest bearing general revenue fund warrants. GALE A. NORTON, Attorney General QUESTION PRESENTED AND CONCLUSION […]

FORMAL OPINION Attorney General of Colorado — Opinion January 15, 2010 Page 1 This opinion, requested by Governor Bill Ritter, Jr., concerns the application of Colorado laws allocating a portion of state capital construction appropriations to the acquisition of works of art to construction projects being financed through the Higher Education Federal Mineral Lease Revenues […]

FORMAL OPINION Attorney General of Colorado — Opinion August 2, 1994 This opinion responds to a request from the Executive Director of the Department of Revenue, for a formal Attorney General opinion concerning whether a 15% management fee on investment income, established by § 24-36-114(2)(a) C.R.S., may constitutionally be applied to the limited gaming fund […]

Calvin Frazier Attorney General of Colorado — Opinion February 6, 1978 RE: Creation of a school planning committee for Gunnison County J.D. MacFARLANE, Attorney General Calvin Frazier Commissioner of Education Colorado Department of Education State Office Building 201 East Colfax Denver, Colorado 80203 Dear Mr. Frazier: By letter dated January 9, you requested advice concerning […]

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion April 18, 1979 RE: Colorado Campaign Reform Act J.D. MacFARLANE, Attorney General Honorable Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street, 2d Floor Denver, Colorado 80203 Dear Ms. Buchanan: I am writing in response to your request for an opinion on the following […]

M. Eileen Persichetti Attorney General of Colorado — Opinion November 7, 1983 RE: Applicability of amendment to C.R.S. 1973, 24-50-104(4)(d) regarding review of classification plan revisions of the state personnel director to pending classification appeals DUANE WOODARD, Attorney General M. Eileen Persichetti Administrator State Personnel Board 617 State Services Building 1525 Sherman Street Denver, CO […]

James D. Thomas Attorney General of Colorado — Opinion September 21, 1979 RE: Responsibility of the City and County of Denver to provide air conditioning in state courts J.D. MacFARLANE, Attorney General James D. Thomas State Court Administrator Colorado State Judicial Department Colorado State Judicial Building 2 East Fourteenth Avenue Denver, CO 80203 Dear Mr. […]

Daniel J. Colaiannia Attorney General of Colorado — Opinion March 5, 1984 RE: The exemption from premium tax on premiums paid by certain public entities pursuant to C.R.S. 1973, 10-3-209(1)(d)(IV) DUANE WOODARD, Attorney General Daniel J. Colaiannia Acting Insurance Commissioner Colorado Division of Insurance First Western Plaza Bldg. 303 W. Colfax Ave., 5th Floor Denver, […]

Dr. Henry Foley, Director Attorney General of Colorado — Opinion August 31, 1977 RE: Ten-day filing requirement J.D. MacFARLANE, Attorney General Dr. Henry Foley, Director Department of Social Services 1575 Sherman Street Denver, Colorado 80203 Dear Dr. Foley: In a recent memorandum to this office, Robert Husson, Secretary of the Colorado State Board of Social […]

The Honorable Ruben A. Valdez Attorney General of Colorado — Opinion May 30, 1975 RE: Legislation permitting binding arbitration J.D. MacFARLANE, Attorney General The Honorable Ruben A. Valdez Speaker of the House of Representatives 242 State Capitol Building Denver, Colorado Dear Mr. Speaker: QUESTION PRESENTED AND CONCLUSION Is it an unlawful delegation of legislative authority […]

Alan Y. Levine Attorney General of Colorado — Opinion January 22, 1980 RE: Illegal parking on state property J.D. MacFARLANE, Attorney General Alan Y. Levine Deputy Director Department of Administration 1525 Sherman Street, 7th Floor Denver, Colorado 80203 Dear Mr. Levine: You requested an opinion in your October 12, 1979 letter on questions related to […]

Bettye Gaiter-Brooks Attorney General of Colorado — Opinion March 3, 1980 RE: Parental liability for costs of care for children admitted or committed to an institution supervised by the Department of Institutions J.D. MacFARLANE, Attorney General Bettye Gaiter-Brooks Supervisor, Central Collection Service Department of Administration 1525 Sherman Street, Room 706 Denver, Colorado 80203 Dear Ms. […]

FORMAL OPINION Attorney General of Colorado — Opinion. January 23, 2006 This opinion, requested by Executive Director Rick O’Donnell, concerns the authority of the Colorado Commission on Higher Education (“CCHE”) to grant in-state tuition status to undocumented aliens.[1] [1] For purposes of this memorandum, the term “undocumented alien” means an alien who is not lawfully […]

J. Richard Barnes, C.L.U. Attorney General of Colorado — Opinion April 8, 1980 RE: Proposed amendment to title insurance regulation J.D. MacFARLANE, Attorney General J. Richard Barnes, C.L.U. Commissioner of Insurance 106 State Office Building Denver, CO 80203 Dear Commissioner Barnes: On behalf of the Insurance Board (the “board”), you ask whether the board can […]

Honorable Richard D. Lamm Attorney General of Colorado — Opinion June 26, 1986 RE: Whether the General Assembly separately reconsidered the Governor’s item vetoes of portions of the 1986 Long Bill as required by the Colorado Constitution DUANE WOODARD, Attorney General Honorable Richard D. Lamm Governor State Capitol Building Denver, CO 80203 Dear Governor Lamm: […]

The Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion September 15, 1975 RE: Colorado Sunshine Act of 1972 J.D. MacFARLANE, Attorney General The Honorable Mary Estill Buchanan Secretary of State 127 State Capitol Building Denver, Colorado 80203 Dear Mrs. Buchanan: QUESTION PRESENTED AND CONCLUSION You have asked several questions concerning the scope, application […]

FORMAL OPINION Attorney General of Colorado — Opinion. 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 […]

Alan N. Charnes Attorney General of Colorado — Opinion August 8, 1983 RE: Local governments’ qualifications to receive state income tax monies as provided in C.R.S. 1973, 39-22-623 (1)(a) (1982 repl. vol. 16B) DUANE WOODARD, Attorney General Alan N. Charnes Executive Director Department of Revenue 1375 Sherman Street Denver, Colorado 80261 Dear Mr. Charnes: This […]

Morgan Smith Attorney General of Colorado — Opinion April 19, 1982 RE: Request for an opinion concerning whether a metropolitan district has implied or express authority to establish a security department J.D. MacFARLANE, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman St., Room 518 Denver, CO 80203 Dear Mr. Smith: This […]

Peter R. Decker Attorney General of Colorado — Opinion October 13, 1987 RE: Appointing authority for the Colorado Brand Commissioner and the administrative authority of the State Board of Stock Inspection Commissioners DUANE WOODARD, Attorney General Peter R. Decker Commissioner of Agriculture Colorado Department of Agriculture 1525 Sherman, Room 406 Denver, Colorado 80203 Dear Commissioner […]

Anthony Robbins, M.D. Attorney General of Colorado — Opinion July 28, 1978 RE: Consumer Policy Board J.D. MacFARLANE, Attorney General Anthony Robbins, M.D. Executive Director Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Dear Dr. Robbins: By your letter of May 15, 1978, you have requested a formal Attorney General’s opinion on […]

John R. Enright Attorney General of Colorado — Opinion March 24, 1983 RE: Authority of the Colorado Bureau of Investigation to disclose criminal justice records to the United States Office of Personnel Management DUANE WOODARD, Attorney General John R. Enright Director, Colorado Bureau of Investigation Department of Local Affairs 2002 South Colorado Blvd. Denver, CO […]

The Honorable Richard D. Lamm Attorney General of Colorado — Opinion November 16, 1983 RE: Authority of the Department of Corrections to extend the limits of an inmate’s confinement DUANE WOODARD, Attorney General The Honorable Richard D. Lamm Governor State of Colorado 136 State Capitol Building Denver, Colorado 80203 John Perko Deputy Director Colorado Department […]

Steven V. Berson Attorney General of Colorado — Opinion August 17, 1982 RE: Military leave for state employees who voluntarily enlist in the National Guard J.D. MacFARLANE, Attorney General Steven V. Berson Executive Director Department of Personnel 1st Floor, State Centennial Bldg. 1313 Sherman Street Denver, CO 80203 Dear Mr. Berson: I am writing in […]

Chase Riveland Attorney General of Colorado — Opinion December 19, 1983 RE: The use of high-voltage electrical barriers at correctional facilities to aid in the prevention of escape DUANE WOODARD, Attorney General Chase Riveland Executive Director Department of Corrections Suite 2200, North Building 2860 South Circle Drive Colorado Springs, CO 80906 Dear Mr. Riveland: I […]

Steven V. Berson Attorney General of Colorado — Opinion March 4, 1988 RE: Mile High Kennel Club’s payment of a Commerce City tax DUANE WOODARD, Attorney General Steven V. Berson Executive Director Department of Regulatory Agencies 1525 Sherman Street, Room 110 Denver, Colorado 80203 Dear Mr. Berson: This opinion letter is in response to your […]

Steven V. Berson Attorney General of Colorado — Opinion October 9, 1992 RE: Scope of statutory authority of the Commissioner of the Division of Financial Services to grant a state credit union charter for communities with populations which exceed twenty-five thousand GALE A. NORTON, Attorney General Steven V. Berson Executive Director Department of Regulatory Agencies […]

Thomas H. Sheehan, Jr. Attorney General of Colorado — Opinion March 7, 1977 RE: Confidential tax information J.D. MacFARLANE, Attorney General Thomas H. Sheehan, Jr. Director, Department of Administration 724 State Services Building Denver, Colorado 80203 Dear Mr. Sheehan: QUESTION PRESENTED AND CONCLUSION You have asked for my opinion on the following question: Can the […]

Mr. Garry Mitchell Attorney General of Colorado — Opinion February 10, 1981 RE: Whether the Department of Administration has authority to lease mineral rights on certain state-owned land in the town of Fairplay, Park County, Colorado J.D. MacFARLANE, Attorney General Mr. Garry Mitchell Executive Director Department of Administration 1525 Sherman St., 7th Floor Denver, CO […]

FORMAL OPINION Attorney General of Colorado — Opinion July 29, 2005 This opinion, requested by the Colorado Commission on Higher Education (“CCHE”), concerns the The 2004 College Opportunity Fund Act, § 23-18-101 et seq. (the “Act”). The Act created the College Opportunity Fund; a trust fund consisting of stipends for each undergraduate student in Colorado. […]

Honorable Richard M. “Dick” Soash Attorney General of Colorado — Opinion February 23, 1979 RE: Wholesalers’ credit sales of beer and liquor to licensed retailer J.D. MacFARLANE, Attorney General Honorable Richard M. “Dick” Soash Honorable Martin Hatcher Honorable Paul Sandoval State Senators Senate Chamber State Capitol Denver, Colorado 80203 Dear Senators: This letter is in […]

Ms. Paula Herzmark, Director Attorney General of Colorado — Opinion April 27, 1979 RE: Feasibility of consolidating eight fire protection entities into one countywide district J.D. MacFARLANE, Attorney General Ms. Paula Herzmark, Director Department of Local Affairs 1313 Sherman Street Denver, CO 80203 Dear Paula, You have requested an opinion on the general question of […]

Paula Herzmark Attorney General of Colorado — Opinion December 1, 1980 RE: Eligibility for Fireman’s Pension from the Elk Creek Fire Protection District J.D. MacFARLANE, Attorney General Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 Dear Ms. Herzmark: This opinion letter is in response to your letter […]

Joseph P. Natale Attorney General of Colorado — Opinion March 19, 1980 RE: Eligibility of a member to serve on the Public Employees’ Retirement Board J.D. MacFARLANE, Attorney General Joseph P. Natale Executive Secretary Public Employees Retirement Association 1300 Logan Street Denver, Colorado 80203 Dear Mr. Natale: This opinion letter is in response to your […]

Honorable Gerald Kopel Attorney General of Colorado — Opinion February 9, 1981 RE: Your request for an attorney general’s opinion regarding whether the legislature can restrict the election of the coroner by adding qualifications. J.D. MacFARLANE, Attorney General Honorable Gerald Kopel Honorable Jim Robb State Representatives State Capitol Denver, Colorado 80203 Dear Representatives Kopel and […]