Category: Colorado Attorney General Opinions

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 […]

Mr. Brad Leonard Office of State Planning Budgeting Attorney General of Colorado — Opinion May 23, 1980 RE: State agencies purchasing services from other state agencies — augmenting cash funds J.D. MacFARLANE, Attorney General Mr. Brad Leonard Office of State Planning Budgeting 102 State Capitol Building Denver, Colorado 80203 Dear Mr. Leonard: This is in […]

Dr. F. Dean Lillie Attorney General of Colorado — Opinion August 15, 1977 RE: College councils exercising duties J.D. MacFARLANE, Attorney General Dr. F. Dean Lillie Director, Community Colleges State Board for Community Colleges and Occupational Education 207 State Services Building Denver, Colorado 80203 Dear Dr. Lillie: This is in reply to the inquiry transmitted […]

FORMAL OPINION Attorney General of Colorado — Opinion July 30, 1999 This opinion is in response to a request from the Executive Director of the Department of Local Affairs requesting clarification of certain issues relating to a prior Colorado Attorney General Opinion, AGO 98-2 (October 26, 1998). KEN SALAZAR, Attorney General QUESTIONS PRESENTED AND CONCLUSIONS […]

O. J. Lucero, D.D.S. Attorney General of Colorado — Opinion January 25, 1980 RE: Request for an attorney general’s opinion concerning whether the Dental Practice Law of Colorado permits a dental hygienist to perform dental tasks and procedures other than under the general supervision of a licensed dentist J.D. MacFARLANE, Attorney General O. J. Lucero, […]

Honorable Gail Schoettler Attorney General of Colorado — Opinion July 8, 1992 RE: Insuring the Public School Permanent Fund GALE A. NORTON, Attorney General Honorable Gail Schoettler Colorado State Treasurer State of Colorado Department of the Treasury Room 104, State Capitol Building Denver, Colorado 80203 Dear Ms. Schoettler: This opinion letter responds to your inquiry […]

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 […]

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 […]

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 […]

Mr. Robert Williams Attorney General of Colorado — Opinion April 14, 1977 RE: Financing of public schools J.D. MacFARLANE, Attorney General Mr. Robert Williams Staff Director Joint Budget Committee 341 State Capitol Denver, Colorado 80203 Dear Mr. Williams: On behalf of the Joint Budget Committee, you have requested my opinion regarding the constitutionality of a […]

FORMAL OPINION Attorney General of Colorado — Opinion August 29, 2006 [EDITORS’ NOTE: AGOP opinion No. 06-06 reads in conjunction with opinion No. 06-08.] The Governor has 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 […]

FORMAL OPINION Attorney General of Colorado — Opinion December 23, 1997 This opinion responds to the State Controller’s request for an opinion concerning the authority of the State Controller to approve commitment vouchers where obligations have been incurred prior to their execution, and whether the Controller has any personal liability for approval of such commitment […]

Mary Estill Buchanan Attorney General of Colorado — Opinion May 10, 1982 RE: Interpretation of C.R.S. 1973, 4-9-105(1)(n) J.D. MacFARLANE, Attorney General Mary Estill Buchanan Secretary of State 1575 Sherman, 2d Floor Denver, CO 80203 Dear Ms. Buchanan: This opinion letter is in response to your July 24, 1981 letter, in which you inquired about […]

Mr. Paul Q. Beacom Attorney General of Colorado — Opinion June 6, 1980 RE: Disposition of contraband seized from massage parlors J.D. MacFARLANE, Attorney General Mr. Paul Q. Beacom District Attorney Seventeenth Judicial District 450 South Fourth Avenue Brighton, Colorado 80601 Dear Mr. Beacom: I am writing in response to a letter dated May 20, […]

Henry A. Foley, Ph.D. Attorney General of Colorado — Opinion August 31, 1977 RE: Funding for Medicaid Abortions J.D. MacFARLANE, Attorney General Henry A. Foley, Ph.D. Executive Director Colorado Department of Social Services 1575 Sherman Street Denver, Colorado 80203 Dear Dr. Foley: Pursuant to our discussions during the last three weeks, we have analyzed the […]

FORMAL OPINION Attorney General of Colorado — Opinion June 9, 2009. This opinion, requested by Jack Boehm, Director of the Colorado Lottery Division (“Lottery”), addresses the applicability of sections 24-72.1-101 through-106, C.R.S. (2008) (“Secure and Verifiable Identity Documents Act, “hereinafter “SVIDA”) and sections 24-76.5-101 through-103, C.R.S. (2008) (“Restrictions on Public Benefits Act,” hereinafter “RPBA”) to […]

Mr. Morgan Smith Attorney General of Colorado — Opinion August 15, 1979 RE: Obligations of state employees to report violations of the law discovered in the course of their official duties J.D. MacFARLANE, Attorney General Mr. Morgan Smith Commissioner Department of Agriculture 406 State Services Building 1525 Sherman Street Denver, Colorado 80203 Dear Commissioner Smith: […]

Morgan Smith Attorney General of Colorado — Opinion January 31, 1986 RE: The constitutionality of statutory provisions which limit voting rights in the formation of a pest control district to certain district landowners and lessees DUANE WOODARD, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 […]

Thomas P. Looby Attorney General of Colorado — Opinion September 14, 1987 RE: Uses of Moneys in the Colorado Hazardous Substance Response Fund DUANE WOODARD, Attorney General Thomas P. Looby Assistant Director Colorado Department of Health 4210 East Eleventh Avenue Denver, CO 80220 Dear Mr. Looby: This opinion letter responds to your inquiry regarding the […]

Joseph P. Natale Attorney General of Colorado — Opinion August 14, 1984 RE: Calculation of benefits payable to judges who leave the bench before becoming eligible to receive immediate payment of PERA benefits, and select a deferred annuity payable at a later date DUANE WOODARD, Attorney General Joseph P. Natale Executive Secretary Public Employees Retirement […]

The Honorable Ted Strickland Attorney General of Colorado — Opinion June 3, 1991 Re: Proposed Tax Incentive Legislation Concerning Construction of a New United Airlines Aircraft Maintenance Facility GALE A. NORTON, Attorney General The Honorable Ted Strickland President of the Senate State Capitol Building Denver, Colorado 80203 June 3, 1991 Dear Senator Strickland: By your […]

Tim Schultz Attorney General of Colorado — Opinion December 16, 1988 RE: Colorado’s status as a “right to work” state. DUANE WOODARD, Attorney General Tim Schultz Executive Director Department of Local Affairs 1313 Sherman St., Room 518 Denver, Colorado 80203 Dear Mr. Schultz: This opinion letter is in response to your November 11, 1988 letter, […]

Mr. E.R. Roon, Director Attorney General of Colorado — Opinion January 10, 1975 RE: Contractors’ bonds for public works projects JOHN P. MOORE, Attorney General Mr. E.R. Roon, Director Division of Purchasing Department of Administration Suite 232, State Services Building Denver, Colorado 80203 Dear Mr. Roon: This is in response to your letter requesting my […]

Robert R. Ridl, C.P.A. Attorney General of Colorado — Opinion July 21, 1980 RE: School district use of gain from exchange of securities in escrow fund established for refunding bonds J.D. MacFARLANE, Attorney General Robert R. Ridl, C.P.A. Principal State Auditor Office of State Auditor Room 601, 1200 Lincoln Street Denver, Colorado 80203 Dear Mr. […]

Honorable George L. Brown Attorney General of Colorado — Opinion August 10, 1978 RE: Lieutenant Governor serving as Acting Governor being paid the Governor’s salary J.D. MacFARLANE, Attorney General Honorable George L. Brown Lieutenant Governor State of Colorado State Capitol Denver, Colorado 80203 Dear Lieutenant Governor Brown: QUESTION PRESENTED AND CONCLUSION You have requested an […]

Hon. Mary Estill Buchanan Attorney General of Colorado — Opinion July 8, 1980 RE: Nomination of presidential electors and the designation of the names of the presidential and vice-presidential nominees for whom they stand J.D. MacFARLANE, Attorney General Hon. Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street Denver, Colorado 80203 Dear Ms. Buchanan: […]

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

Honorable Richard D. Lamm Attorney General of Colorado — Opinion January 26, 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 as to the legality of implementing an order of the State Board […]