Category: Colorado Attorney General Opinions

Mr. Chester Alter Attorney General of Colorado — Opinion December 29, 1975 RE: Effective dates of salary adjustments for holdover state senators J.D. MacFARLANE, Attorney General Mr. Chester Alter Chairman Colorado State Officials Compensation Commission 46 State Capitol Building Denver, Colorado 80203 Dear Mr. Alter: QUESTION PRESENTED AND CONCLUSION This is in response to your […]

Robert J. Scott, C.P.A. Attorney General of Colorado — Opinion December 1, 1977 RE: Old Age Pension Fund J.D. MacFARLANE, Attorney General Robert J. Scott, C.P.A. State Auditor Office of State Auditor 1660 Lincoln Street, Suite 2410 Denver, Colorado 80264 Dear Mr. Scott: QUESTION PRESENTED AND CONCLUSION This will acknowledge receipt of your letter requesting […]

Lee White Attorney General of Colorado — Opinion November 12, 1981 RE: Opinion request whether federal block grants to Colorado are subject to appropriation by the general assembly J.D. MacFARLANE, Attorney General Lee White Executive Director Office of State Planning and Budgeting Room 102 State Capitol Denver, CO 80203 Dear Mr. White: I am writing […]

John P. Proctor Attorney General of Colorado — Opinion January 29, 1976 RE: Validity of Rule III adopted by the Legislative Audit Committee J.D. MacFARLANE, Attorney General John P. Proctor State Auditor Suite 2410 1660 Lincoln Street Denver, Colorado Dear Mr. Proctor: You have asked my opinion on the validity of Rule III adopted by […]

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion October 29, 1979 RE: Electors signing recall petitions 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 your request for an attorney general’s opinion on […]

J. Evan Goulding Attorney General of Colorado — Opinion August 30, 1983 RE: Can Longs Peak Water Association of Longmont, Colorado participate in the Federal Surplus Property Program DUANE WOODARD, Attorney General J. Evan Goulding Commissioner Colorado Department of Agriculture 1525 Sherman Street, 4th Floor Denver, Colorado 80203 Dear Commissioner Goulding: I am writing in […]

FORMAL OPINION Attorney General of Colorado — Opinion September 30, 2003 This opinion describes the types of health information that may be disclosed to law enforcement officials under the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d — 1320d-8 (2003) (“HIPAA”). It is issued at the request of Lieutenant Colonel […]

Honorable Richard D. Lamm Attorney General of Colorado — Opinion October 16, 1979 RE: Applicability of H.B. 1355 to Commission on Women J.D. MacFARLANE, Attorney General Honorable Richard D. Lamm Governor State of Colorado Executive Chambers 136 State Capitol Denver, Colorado 80203 Dear Governor Lamm: You have requested an opinion on the scope of section […]

FORMAL OPINION Attorney General of Colorado — Opinion July 10, 2000 This opinion is issued at the request of the Colorado Secretary of State, Ms. Donetta Davidson. In her letter of April 25, 2000, the Secretary of State poses several questions that seek to clarify limitations on the number of terms that may be served […]

Ms. Paula Herzmark Attorney General of Colorado — Opinion December 13, 1979 RE: Public trustee/notary fees J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Department of Local Affairs State of Colorado 1313 Sherman Street, 5th Floor Denver, Colorado 80203 Dear Ms. Herzmark: QUESTION PRESENTED AND CONCLUSION I am writing in response to your November […]

Mr. Morgan Smith Attorney General of Colorado — Opinion October 4, 1983 RE: Clarification of Special District Act provisions DUANE WOODARD, Attorney General Mr. Morgan Smith Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, CO Dear Mr. Smith: This opinion is written in response to your request for an interpretation of […]

Gail S. Schoettler Attorney General of Colorado — Opinion April 5, 1983 RE: Rights of Personnel employees to appeal salary survey recommendations to State Personnel Board DUANE WOODARD, Attorney General Gail S. Schoettler Executive Director Department of Personnel 1313 Sherman Street, 1st Fl. Denver, Colorado 80203 Randall C. Mustain-Wood Chairman State Personnel Board 1525 Sherman […]

Mr. Joseph F. Dolan Attorney General of Colorado — Opinion December 14, 1976 RE: Confidentiality of local sales tax information J.D. MacFARLANE, Attorney General Mr. Joseph F. Dolan Executive Director Department of Revenue State Capitol Annex 1375 Sherman Street Denver, Colorado 80203 Dear Mr. Dolan: This is in response to your letter requesting an opinion […]

Royce O. Griffin Attorney General of Colorado — Opinion February 15, 1983 RE: A proposed amendment to transactional exemption, C.R.S. 1973, 11-51-113(2)(o) DUANE WOODARD, Attorney General Royce O. Griffin Securities Commissioner Division of Securities Department of Regulatory Agencies 1525 Sherman St., 2d Floor Denver, Co. 80203 Dear Mr. Griffin: I am writing in response to […]

Mr. Gary J. Pon Attorney General of Colorado — Opinion July 14, 1982 RE: Approval and/or veto power of the Colorado Private Employment Agency Advisory Board regarding any rules and regulations concerning private employment agencies which may be adopted, amended, or appealed by the Industrial Commission of Colorado J.D. MacFARLANE, Attorney General Mr. Gary J. […]

James A. Stroup Attorney General of Colorado — Opinion April 12, 1985 RE: State personnel system employee payroll lag. DUANE WOODARD, Attorney General James A. Stroup State Controller Department of Administration 1525 Sherman Street, Room 706 Denver, Colorado 80203 Dear Mr. Stroup: This letter is in response to your request for a formal opinion concerning […]

FORMAL OPINION Attorney General of Colorado — Opinion February 9, 2000 This Opinion responds to a request from the Secretary of State requesting clarification of certain issues relating to the term limits provision of Colo. Const. Art. XVIII, § 11 (“Amendment 17”). KEN SALAZAR, Attorney General QUESTION PRESENTED AND CONCLUSION Issue 1: Are Colorado’s elected […]

Robert R. Ridl Attorney General of Colorado — Opinion March 24, 1983 RE: The authority of a cemetery district to retain ownership of common stocks and certificates of deposit received as a donation DUANE WOODARD, Attorney General Robert R. Ridl CPA Director of Local Government Audits Office of State Auditor 1365 Logan St., Suite 300 […]

FORMAL OPINION Attorney General of Colorado — Opinion December 10, 2001 Certificates of Participation As Financing Method for Vehicle Purchases by the Division of Central Services This opinion is issued at the request of Executive Director Troy Eid, of the Colorado Department of Personnel/General Support Services. It considers the legality, without a vote of the […]

FORMAL OPINION Attorney General of Colorado — Opinion March 8, 1996 This opinion responds to a request from the President of Metropolitan State College of Denver (“MSCD”) for a formal Attorney General opinion concerning whether individual student evaluations of faculty members are subject to disclosure under the Colorado Public Records Act, § 24-72-201 etseq., C.R.S. […]

Mr. Thomas H. Sheehan, Jr. Attorney General of Colorado — Opinion March 14, 1977 RE: Employee Injuries J.D. MacFARLANE, Attorney General Mr. Thomas H. Sheehan, Jr. Executive Director Department of Administration 724 State Services Building Denver, Colorado 80203 Dear Mr. Sheehan: You have requested my opinion on several questions relating to employee injuries and any […]

Wellington E. Webb Attorney General of Colorado — Opinion January 7, 1986 RE: Fidelity bond coverage requirements for state chartered commercial banks DUANE WOODARD, Attorney General Wellington E. Webb Executive Director Department of Regulatory Agencies State of Colorado 1525 Sherman Street, Room 110 Denver, CO 80203 Dear Mr. Webb: This opinion letter is in response […]

Paula Herzmark Attorney General of Colorado — Opinion February 8, 1980 RE: Use of incarcerated personnel as labor for state-funded projects J.D. MacFARLANE, Attorney General Paula Herzmark Director, Department of Local Affairs 1313 Sherman Denver, Colorado 80203 Dear Ms. Herzmark: This opinion letter is in response to your January 2, 1980 letter concerning the use […]

Marvin D. Eller Attorney General of Colorado — Opinion August 7, 1981 RE: Propriety of multiple liquor licensing within five hundred feet of the principal campus of a college J.D. MacFARLANE, Attorney General Marvin D. Eller Liquor Control Chief Department of Revenue State Capitol Annex 1375 Sherman Street Denver, CO 80261 Dear Mr. Eller: This […]

Dr. Charles Manning Attorney General of Colorado — Opinion March 5, 1984 RE: 1) Metropolitan State College statutory authority to extend its campus beyond the Auraria Higher Education Center Campus and 2) Colorado Commission on Higher Education’s review of off-campus instruction DUANE WOODARD, Attorney General Dr. Charles Manning Interim Executive Director Department of Higher Education […]

FORMAL OPINION Attorney General of Colorado — Opinion April 18, 1995 This opinion responds to a request from the General Assembly for an opinion as to the effect of Arveschoug-Bird limitations on transfers from the general fund for capital construction and the effect of Article X, Section 20 of the Colorado Constitution (“Amendment #1”) on […]

Rudolph Livingston Attorney General of Colorado — Opinion October 18, 1978 RE: State statutes imposing mandatory retirement age of 65, C.R.S. 1973, 24-50-204 and 205 J.D. MacFARLANE, Attorney General Rudolph Livingston Executive Director Department of Personnel 118 State Centennial Building Denver, Colorado 80203 Ruth B. Lurie, Chairman State Personnel Board Department of Personnel 118 State […]

John P. Byrne Attorney General of Colorado — Opinion March 18, 1983 RE: The authority of the Colorado State Patrol under C.R.S. 1973, 29-22-102(1) (Supp. 1982) in the event of a hazardous material incident involving traffic or highways DUANE WOODARD, Attorney General John P. Byrne Director Division of Disaster Emergency Services Department of Military Affairs […]

FORMAL OPINION Attorney General of Colorado — Opinion February 17, 1995 This Opinion responds to an inquiry from the Executive Director of the Colorado Department of Higher Education, concerning the power of the Colorado Historical Society, a division of the Department of Higher Education, to require cultural or archaeological surveys pursuant to section 24-80.1-104, C.R.S. […]

Anthony Robbins, M.D., M.P.A. Attorney General of Colorado — Opinion February 21, 1978 RE: Davis Institute J.D. MacFARLANE, Attorney General Anthony Robbins, M.D., M.P.A. Executive Director Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Regents of the University of Colorado Regent Hall — #201 University of Colorado Boulder, Colorado 80309 Dear Dr. […]

Honorable Richard D. Lamm Attorney General of Colorado — Opinion February 7, 1980 RE: Senate bill 20 (1980 Sess.) J.D. MacFARLANE, Attorney General Honorable Richard D. Lamm Governor, State of Colorado Executive Chambers State Capitol Denver, Colorado 80203 Dear Governor Lamm: This is in response to your January 31, 1980 letter requesting my opinion on […]

Larry Kallenberger Attorney General of Colorado — Opinion September 29, 1992 RE: Section § 39-2-125(h), C.R.S. (1992) Board of Assessment Appeals Filing Fees GALE A. NORTON, Attorney General Larry Kallenberger Executive Director Department of Local Affairs 1313 Sherman, Room 518 Denver, CO 80203 Dear Mr. Kallenberger: This opinion letter responds to your July 8, 1992 […]

Royce O. Griffin Attorney General of Colorado — Opinion January 28, 1983 RE: A proposed amendment to transactional exemption, C.R.S. 1973, 11-51-113(2)(o) DUANE WOODARD, Attorney General Royce O. Griffin Securities Commissioner Division of Securities Department of Regulatory Agencies 1525 Sherman St., 2d Floor Denver, Co. 80203 Dear Mr. Griffin: I am writing in response to […]

Mr. Melvin Goldberg Attorney General of Colorado — Opinion January 24, 1980 RE: Is stock held by a Colorado decedent in a closely-held corporation owning agricultural lands located in New Mexico entitled to the special valuation provided by C.R.S. 1973, 39-23-142(5), as amended in 1977 J.D. MacFARLANE, Attorney General Mr. Melvin Goldberg Director, Inheritance and […]

Ruben A. Valdez Attorney General of Colorado — Opinion June 20, 1983 RE: The conformity of House bill 1164 with federal statutes and the effect of C.R.S. 1973, 8-70-108 in curing nonconformity DUANE WOODARD, Attorney General Ruben A. Valdez Executive Director Department of Labor Employment 251 East 12th Avenue Denver, Colorado 80203 Dear Mr. Valdez: […]

H.H. Arnold Attorney General of Colorado — Opinion September 2, 1977 RE: University of Colorado legal counsel J.D. MacFARLANE, Attorney General H. H. Arnold Secretary to the Regents University of Colorado 201 Regent Hall Boulder, Colorado 80309 Dear Bud: As a result of a series of recent developments, this office initiated a review of the […]

Colorado Commission on Higher Education Attorney General of Colorado — Opinion January 26, 1976 RE: Rights of non-voting student and faculty members J.D. MacFARLANE, Attorney General Colorado Commission on Higher Education 1000 State Social Services Building Denver, Colorado 80203 Board of Trustees Colorado School of Mines Administration Building Golden, Colorado 80401 Board of Trustees University […]

Cathy Wells Attorney General of Colorado — Opinion January 20, 1984 RE: Legality of a mobile barber/beauty shop based on the interpretation of the definition of a shop as provided in C.R.S. 1973, 12-8-103(4) (1978 repl. vol. 5) DUANE WOODARD, Attorney General Cathy Wells Administrator Colorado State Board of Barbers Cosmetologists 1525 Sherman St., Room […]

Hon. Mary Estill Buchanan Attorney General of Colorado — Opinion November 15, 1978 RE: Succession to the office from which candidate has been recalled J.D. MacFARLANE, Attorney General Hon. Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street Denver, Colorado 80203 Dear Ms. Buchanan: I am writing in response to your request for an […]

FORMAL OPINION Attorney General of Colorado — Opinion November 16, 2009 Page 1 Governor Bill Ritter, Jr., through his Chief Legal Counsel Thomas M. Rogers, III, requested an opinion from this office regarding the applicability of state sales tax to the purchase and sales of medical marijuana. JOHN W. SUTHERS, Attorney General QUESTIONS PRESENTED AND […]

Mr. Jack Kintslinger Attorney General of Colorado — Opinion November 2, 1979 RE: Inventory — highway rights-of-way J.D. MacFARLANE, Attorney General Mr. Jack Kintslinger Executive Director Department of Highways 4201 East Arkansas Avenue Denver, CO 80222 Dear Mr. Kintslinger: I am writing in response to your request for an attorney general’s opinion on the following […]

Alan N. Charnes Attorney General of Colorado — Opinion November 29, 1984 RE: Victims and witnesses assistance and law enforcement fund; application to penalty assessments DUANE WOODARD, Attorney General Alan N. Charnes Executive Director Department of Revenue State of Colorado 486 Capitol Annex 1375 Sherman Street Denver, Colorado 80261 Dear Mr. Charnes: This opinion letter […]

FORMAL OPINION Attorney General of Colorado — Opinion April 14, 1995 This Opinion responds to a request from the General Assembly for an opinion as to the effect of Article 10, Section 20 of the Colorado Constitution on the automatic repeal of the exemption from taxation on all sales of precious metal bullion and coins. […]

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion November 20, 1980 RE: Upon the recall of a county officer, is a vacancy created to be filled by appointment or does the recalled officer serve until his elected successor qualifies. J.D. MacFARLANE, Attorney General Honorable Mary Estill Buchanan Secretary of State 1575 Sherman Street, […]

Mr. Steven V. Berson Attorney General of Colorado — Opinion January 8, 1980 RE: Legal Authority For Liquor Enforcement Officers J.D. MacFARLANE, Attorney General Mr. Steven V. Berson Deputy Director Department of Revenue State of Colorado 1375 Sherman Street Denver, CO 80261 Dear Mr. Berson: This letter is in response to your inquiry regarding the […]

Ken Salazar Attorney General of Colorado — Opinion May 31, 1991 RE: Regulating Development in Flood Hazard Areas GALE A. NORTON, Attorney General Ken Salazar Executive Director Department of Natural Resources 1313 Sherman St., Room 718 Denver, CO 80203 May 31, 1991 Dear Mr. Salazar: I write in response to your April 26, 1991 request […]

Mr. Roy Romer Attorney General of Colorado — Opinion May 26, 1982 RE: The authority of the state treasurer to contract with First National Bank of Denver to handle deposits of state moneys and to borrow money for purposes of managing the state’s accounts J.D. MacFARLANE, Attorney General Mr. Roy Romer Colorado State Treasurer State […]

Shirley O. Harris Attorney General of Colorado — Opinion August 6, 1991 RE: Personnel Director’s Authority to Make Temporary Appointments GALE A. NORTON, Attorney General Shirley O. Harris Executive Director Department of Personnel 1313 Sherman St., #103 Denver, CO 80203 August 6, 1991 Dear Ms. Harris: This opinion responds to your December 3, 1990 inquiry […]

Paula Herzmark Attorney General of Colorado — Opinion January 19, 1981 RE: Authority and responsibility of volunteer fire department arson squads J.D. MacFARLANE, Attorney General Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman St., Rm. 518 Denver, CO 80203 Dear Ms. Herzmark: This opinion letter is in response to your December 3, 1980 […]

FORMAL OPINION Attorney General of Colorado — Opinion March 24, 2011 Ken Cole, Director, Mental Health Institutes, Colorado Department of Human Services, Office of Behavioral Health and Housing, requested an opinion from this office concerning the extent to which federal law allows the Colorado Mental Health Institute at Pueblo (“the Institute”) to notify outside authorities, […]

Dr. Blenda J. Wilson, Executive Director Attorney General of Colorado — Opinion December 26, 1984 RE: Applicability of Colorado Open Meetings and Open Records Acts to state institutions of higher education DUANE WOODARD, Attorney General Dr. Blenda J. Wilson, Executive Director Colorado Commission on Higher Education Colorado Heritage Center 1300 Broadway, 2d Floor Denver, CO […]

Mr. Brad Leonard Attorney General of Colorado — Opinion January 14, 1980 RE: Appropriation/Use of Federal Indirect Cost Recoveries J.D. MacFARLANE, Attorney General Mr. Brad Leonard State Budget Director Office of State Planning and Budgeting 102 State Capitol Denver, Colorado 80203 Mr. Dan Whittemore State Controller Department of Administration 7th Floor 1525 Sherman Street Denver, […]

Timothy M. O’Brien Attorney General of Colorado — Opinion December 31, 1992 RE: University of Colorado Insurance Corporation GALE A. NORTON, Attorney General Timothy M. O’Brien State Auditor Office of State Auditor 200 E. 14th Ave. Denver, CO 80203 Dear Mr. O’Brien: This letter responds to your request for a Formal Attorney General Opinion concerning […]

Mr. Hamlet J. Barry, III Attorney General of Colorado — Opinion December 27, 1979 RE: H.B. 1063, 1979 Colo. Sess. Laws J.D. MacFARLANE, Attorney General Mr. Hamlet J. Barry, III Director Mined Land Reclamation Division 723 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Dear Mr. Barry: By letter of September 12, 1979, you requested […]

Mr. Thomas H. Sheehan, Jr. Attorney General of Colorado — Opinion March 30, 1976 RE: Highway Users Tax Fund J.D. MacFARLANE, Attorney General Mr. Thomas H. Sheehan, Jr. Executive Director Colorado Department of Administration 724 State Services Building Denver, Colorado 80203 Dear Mr. Sheehan: This opinion letter is in response to your inquiry in which […]

Hon. Richard D. Lamm Attorney General of Colorado — Opinion February 24, 1977 RE: State contracts J.D. MacFARLANE, Attorney General Hon. Richard D. Lamm Governor of Colorado State Capitol Denver, Colorado 80203 Dear Governor Lamm: QUESTION PRESENTED AND CONCLUSION This is in response to your letter of January 17, 1977, in which you ask whether […]

Anne M. Gough, R.N. Attorney General of Colorado — Opinion May 9, 1978 RE: Promulgation of rules defining midwifery J.D. MacFARLANE, Attorney General Anne M. Gough, R.N. Executive Director Colorado Board of Nursing 136 State Services Building 1525 Sherman Street Denver, Colorado 80203 Dear Mrs. Gough: I am in receipt of your letter of February […]

Paula Herzmark Attorney General of Colorado — Opinion April 13, 1981 RE: Designation of the division of housing as a public housing agency. J.D. MacFARLANE, Attorney General Paula Herzmark Executive Director Colorado Department of Local Affairs 1313 Sherman Street, Rm. 518 Denver, Colorado 80203 Dear Ms. Herzmark: This opinion is in response to your November […]

The Honorable Dale Tooley Attorney General of Colorado — Opinion September 4, 1979 RE: Computation of good time credits under H.B. 1589, also known as “The Gorsuch Bill” J.D. MacFARLANE, Attorney General The Honorable Dale Tooley District Attorney Second Judicial District West Side Court Building 924 West Colfax Denver, Colorado 80204 Dear Mr. Tooley: This […]

Morgan Smith Attorney General of Colorado — Opinion December 21, 1983 RE: Interpretation of debt provisions in the Special District Act DUANE WOODARD, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 Dear Mr. Smith: This letter is in response to your request for an attorney […]

Edward A. Baublits Attorney General of Colorado — Opinion November 1, 1979 RE: Coverage of San Juan Regional Commission Under Public Employees Social Security J.D. MacFARLANE, Attorney General Edward A. Baublits Public Employees Social Security Division of Employment, Room 214 1275 Sherman Street Denver, Colorado 80203 Dear Mr. Baublits: This is in response to your […]

Robert J. Scott, C.P.A. Attorney General of Colorado — Opinion August 11, 1978 RE: Yuma Soil Conservation District — Investment of District Funds in Subordinated Certificates of Farmland Industries, Inc. J.D. MacFARLANE, Attorney General Robert J. Scott, C.P.A. State Auditor Room 601, 1200 Lincoln Street Denver, Colorado 80203 Dear Mr. Scott: You have requested my […]

Lee Kerschner, Ph.D., Commissioner Attorney General of Colorado — Opinion March 9, 1978 RE: State aid to students in nonpublic Colorado institutions of higher education J.D. MacFARLANE, Attorney General Lee Kerschner, Ph.D., Commissioner Colorado Commission on Higher Education 1550 Lincoln Street, Room 210 Denver, Colorado 80203 Dear Dr. Kerschner: QUESTIONS PRESENTED AND CONCLUSIONS You have […]

George T. O’Malley, Jr. Attorney General of Colorado — Opinion January 8, 1982 RE: Pedestrian admission fee at El Dorado Canyon State Park J.D. MacFARLANE, Attorney General George T. O’Malley, Jr. Parks and Outdoor Recreation 1313 Sherman, Rm. 618 Denver, Colorado 80203 Dear Mr. O’Malley: This opinion letter is in response to your December 1, […]

Willis H. LaVance Attorney General of Colorado — Opinion June 26, 1979 RE: Food Stamp coupons and donated foods J.D. MacFARLANE, Attorney General Willis H. LaVance Assistant Deputy for Administrative Support Department of Social Services 1575 Sherman Street Denver, Colorado 80203 Dear Mr. LaVance: I am writing in response to your request for an opinion […]

Max Vezzani Attorney General of Colorado — Opinion March 3, 1981 RE: Enforcement of title 42 by Parks and Recreation officers J.D. MacFARLANE, Attorney General Max Vezzani Assistant Director Division of Parks and Outdoor Recreation 1313 Sherman Street, Room 618 Denver, CO 80203 Dear Mr. Vezzani: This opinion letter is in response to your January […]

Mr. Wes Letz Attorney General of Colorado — Opinion August 29, 1979 RE: Perpetual liens BILLY SHUMAN, Special Assistant Attorney General Mr. Wes Letz Department of Local Affairs Colorado Division of Local Government 1313 Sherman Street, Room 523 Denver, Colorado 80203 Dear Mr. Letz: This is in reply to your memorandum request, of June 19, […]

FORMAL OPINION Attorney General of Colorado — Opinion 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. JOHN W. SUTHERS, Attorney General QUESTION PRESENTED AND CONCLUSION Question: […]

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: You have requested my opinion on the issues detailed below in preparation for the annual meeting of […]

Dr. Calvin M. Frazier Attorney General of Colorado — Opinion November 12, 1981 RE: Meaning of the term “sell” as used in H.B. 1565 J.D. MacFARLANE, Attorney General Dr. Calvin M. Frazier Commissioner Colorado Department of Education 201 East Colfax Avenue Denver, CO 80203 Dear Dr. Frazier: This opinion letter is in response to your […]

Alan N. Charnes Attorney General of Colorado — Opinion March 1, 1983 RE: Interpretation of Senate bill 119, sections 24-35-204(3)(i), 206(1) and 205(7) DUANE WOODARD, Attorney General Alan N. Charnes Executive Director Department of Revenue 1375 Sherman Street Denver, Colorado 80261 Dear Mr. Charnes: This opinion letter is in response to your request for interpretations […]

FORMAL OPINION Attorney General of Colorado — Opinion 1995 This opinion is rendered in response to a request from the State Controller dated June 22, 1995, to answer a question concerning how Section 24-30-206(1)(a), C.R.S. (1995 Supp.) applies to governing boards and institutions within the Department of Higher Education. GALE A. NORTON, Attorney General QUESTION […]

Thomas L. Hancock Attorney General of Colorado — Opinion December 21, 1983 RE: Applicability of the federal Davis-Bacon Act (40 U.S.C. sections 276a — 276a-7) to uranium tailings removal construction contracts DUANE WOODARD, Attorney General Thomas L. Hancock Chief of Accounting Colorado Department of Health 4210 East 11th Avenue Denver, CO 80220 Dear Mr. Hancock: […]

Timothy W. Schultz Attorney General of Colorado — Opinion December 6, 1989 RE: Including Producing Mines Valuation Procedures in Assessors’ Manuals. DUANE WOODARD, Attorney General Timothy W. Schultz Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, CO 80203 Dear Mr. Schultz: This opinion letter is in response to your letter of […]

Roy R. Romer Attorney General of Colorado — Opinion April 17, 1980 RE: Issuance of Treasurer’s Checks J.D. MacFARLANE, Attorney General Roy R. Romer State Treasurer State Capitol Denver, Colorado 80203 Dear Mr. Romer: I am writing in response to a letter from Dick R. Murphy, director of treasury operations. That letter requests an opinion […]

Honorable Ruben A. Valdez Attorney General of Colorado — Opinion January 29, 1975 RE: Inquiries concerning certain legislators’ expenses provided for by Colorado Revised Statutes 1973, 2-2-316, 317, and 318 J.D. MacFARLANE, Attorney General Honorable Ruben A. Valdez Speaker Richard H. Plock Majority Leader State Capitol Building Denver, Colorado 80203 Gentlemen: QUESTIONS PRESENTED AND CONCLUSIONS […]

Charles J. McGrath, Director Attorney General of Colorado — Opinion January 9, 1981 RE: Admission to the Colorado Medical Disaster Insurance Fund and Colorado Major Medical Insurance Fund of workmen’s compensation claimants whose date of injury occurred prior to the effective date of the respective Acts. J.D. MacFARLANE, Attorney General Charles J. McGrath, Director Division […]

FORMAL OPINION Attorney General of Colorado — Opinion April 12, 2004 Eligibility for Service on a Judicial Nominating Commission Article VI, § 24 of the Colorado Constitution bars an individual who holds elective political party office from serving on a judicial nominating commission. The Colorado Supreme Court has asked whether certain individuals who hold positions […]

Robert Gray Attorney General of Colorado — Opinion January 8, 1982 RE: Interpretation of “cooperative extension employees” J.D. MacFARLANE, Attorney General Robert Gray Administrative Aide Public Employee’s Retirement Association 1300 Logan St. Denver, CO 80203 Dear Mr. Gray: This opinion letter is in response to your November 23, 1981 letter in which you inquired about […]

James A. Stroup Attorney General of Colorado — Opinion February 18, 1983 RE: Whether the Department of Social Services may incur expenditures for entitlement programs in excess of appropriated amounts DUANE WOODARD, Attorney General James A. Stroup State Controller Department of Administration 1525 Sherman Street, Rm. 706 Denver, CO 80203 Dear Mr. Stroup: I am […]

Jack Grieb Attorney General of Colorado — Opinion October 27, 1981 RE: Crime Victims Compensation Act J.D. MacFARLANE, Attorney General Jack Grieb Director Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 George T. O’Malley Director Colorado Division of Parks and Outdoor Recreation 1313 Sherman Street Denver, CO 80203 Frank A. Mansheim Director Motor Vehicle […]

Dr. Calvin Frazier Attorney General of Colorado — Opinion January 8, 1979 RE: State Board of Education’s adoption of standards of incompetency and unethical behavior J.D. MacFARLANE, Attorney General Dr. Calvin Frazier Commissioner of Education Colorado Department of Education State Office Building 201 East Colfax Avenue Denver, Colorado 80203 Dear Dr. Frazier: Your questions concerning […]

B.J. Thornberry Attorney General of Colorado — Opinion January 6, 1987 RE: Whether a pledge of eligible collateral pursuant to the Colorado Public Deposit Protection Act protects public deposits if a public depository fails. DUANE WOODARD, Attorney General B.J. Thornberry Deputy State Treasurer Department of the Treasury 140 State Capitol Denver, CO 80203 Dear Ms. […]

Mr. John W. Mathews, CPA Attorney General of Colorado — Opinion September 23, 1977 RE: Termination pay J.D. MacFARLANE, Attorney General Mr. John W. Mathews, CPA Deputy State Auditor Office of State Auditor Suite 2410, 1660 Lincoln St. Denver, Colorado 80264 Dear Mr. Mathews: QUESTION PRESENTED AND CONCLUSION I am writing in reply to your […]

Margaret Rivera, Chairperson Attorney General of Colorado — Opinion February 6, 1985 RE: Effect of initiated constitutional amendment prohibiting the use of “public funds” for induced abortions on state employee health insurance coverage DUANE WOODARD, Attorney General Margaret Rivera, Chairperson State Employees and Officials Group Insurance Board 706 State Services Building Denver, CO 80203 Dear […]

Governor Richard D. Lamm Attorney General of Colorado — Opinion April 19, 1978 RE: Legal effect of SJR No. 3 J.D. MacFARLANE, Attorney General Governor Richard D. Lamm State Capitol Denver, Colorado 80203 Dear Governor Lamm: QUESTION PRESENTED AND CONCLUSION You have asked whether Senate Joint Resolution No. 3, if it is adopted by the […]

FORMAL OPINION Attorney General of Colorado — Opinion February 1, 2008 Susan Kirkpatrick, Executive Director of the Colorado Department of Local Affairs, requested an opinion from this office concerning the authority of the Colorado Division of Housing to inspect and certify factory-built structures that are brought to Colorado to be rented, or otherwise used, but […]

The Honorable C.B. Bledsoe Attorney General of Colorado — Opinion March 23, 1990 RE: Use of PERA Funds for Lobbying Purposes DUANE WOODARD, Attorney General The Honorable C.B. Bledsoe Speaker of the House House of Representative State Capitol Denver, CO 80203 The Honorable Richard F. Mutzebaugh Colorado State Representative State Capitol Denver, CO 80203 Dear […]

The Honorable Ted L. Strickland Attorney General of Colorado — Opinion February 16, 1977 RE: Letter dated January 14, 1977 to the Members of the Joint Budget Committee from James C. Bull, Attorney, and regarding the former president of El Paso Community College, Robert O. Hatton J.D. MacFARLANE, Attorney General The Honorable Ted L. Strickland […]

Honorable Richard D. Lamm Attorney General of Colorado — Opinion April 24, 1984 RE: Conditional pardons intended to effect the deportation of foreign nationals convicted of felonies in Colorado DUANE WOODARD, Attorney General Honorable Richard D. Lamm Governor 136 State Capitol Building Denver, CO 80203 Dear Governor Lamm: I write in response to your February […]

Mr. Capp Shanks Attorney General of Colorado — Opinion April 24, 1979 RE: A proposed ordinance concerning both municipal annexation and utility extension J.D. MacFARLANE, Attorney General Mr. Capp Shanks Division of Local Government 1313 Sherman Street Denver, Colorado Dear Mr. Shanks: I am writing in response to your request for an opinion on the […]

Larry Kallenberger Attorney General of Colorado — Opinion September 20, 1991 RE: Waiver or deferment of tap fees GALE A. NORTON, Attorney General Larry Kallenberger Executive Director Department of Local Affairs 1313 Sherman St. Denver, CO 80203 September 20, 1991 Dear Mr. Kallenberger: I write in response to your request for an official Attorney General’s […]

Ms. Betty Miller Attorney General of Colorado — Opinion August 25, 1976 RE: Contract Levies J.D. MacFARLANE, Attorney General Ms. Betty Miller Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 Dear Ms. Miller: This is in reply to your memorandum of June 30, 1976, in which you ask whether […]

FORMAL OPINION Attorney General of Colorado — Opinion January 13, 2003 This opinion concerns election campaign rules contained in an initiative approved by Colorado’s voters on November 5, 2002. The initiative amends both the Colorado Constitution and Colorado’s Fair Campaign Practices Act (“FCPA”). It is now Article XXVIII of the Colorado Constitution. KEN SALAZAR, Attorney […]

Ruben A. Valdez, Speaker Attorney General of Colorado — Opinion March 10, 1976 RE: Whether H.B. 1238 is within the Governor’s Call J.D. MacFARLANE, Attorney General Ruben A. Valdez, Speaker House of Representatives Room 242 State Capitol Building Denver, Colorado 80203 Dear Ruben: QUESTION PRESENTED AND CONCLUSION I have your letter concerning whether HB 1238, […]

The Honorable Ruben Valdez Attorney General of Colorado — Opinion April 24, 1975 RE: Marriages between two men or two women J.D. MacFARLANE, Attorney General The Honorable Ruben Valdez Speaker, House of Representatives State Capitol Denver, Colorado 80203 Dear Mr. Speaker: QUESTIONS PRESENTED AND CONCLUSIONS The following constitutes my informal opinion in response to your […]

Cole Finegan Attorney General of Colorado — Opinion October 16, 1991 RE: Regulation of Development in Flood Hazard Areas by Local Government GALE A. NORTON, Attorney General Cole Finegan Office of the Governor State Capitol Building Denver, CO 80203 October 16, 1995 Dear Mr. Finegan: I write in response to your request for a formal […]

F. Arnold McDermott Attorney General of Colorado — Opinion January 29, 1980 RE: Effect of C.R.S. 1973, 24-50-141, (Supp. 1978) on the repeal of the board’s affirmative action rules and the authority of the general assembly to amend or repeal Personnel rules J.D. MacFARLANE, Attorney General F. Arnold McDermott Chair State Personnel Board 617 State […]

Raymond Leidig, M.D. Attorney General of Colorado — Opinion June 15, 1976 RE: Minimum sentence required to be served for “straight” life sentence J.D. MacFARLANE, Attorney General Raymond Leidig, M.D. Executive Director Department of Institutions 4150 South Lowell Boulevard Denver, Colorado 80236 Gorden W. Heggie Chairman Board of Parole 888 East Iliff Avenue Denver, Colorado […]

Mr. Capp Shanks Attorney General of Colorado — Opinion March 12, 1979 RE: Work performed for a water and sanitation district by a member of the governing board, for no monetary compensation J.D. MacFARLANE, Attorney General Mr. Capp Shanks Division of Local Government 1313 Sherman Street Denver, Colorado Dear Mr. Shank: QUESTION PRESENTED AND CONCLUSION […]