32 KAR 2:060. Advisory opinions.

 

      RELATES TO: KRS 121.135

      STATUTORY AUTHORITY: KRS 121.120(1)(g)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.135

requires the Registry of Election Finance to issue advisory opinions concerning

the application of campaign finance laws or administrative regulations

promulgated by the registry pursuant to statutory authority. These provisions

became effective July 14, 1992, and this administrative regulation is necessary

to implement the process through which advisory opinions may be requested and

issued.

 

      Section 1. Requests for Advisory Opinions. (1) A

person may request in writing an advisory opinion concerning the application of

campaign finance statutes or administrative regulations with regard to a

particular transaction. An authorized agent of the person requesting an

advisory opinion may submit the advisory opinion request, but the agent shall

disclose the identity of his principal.

      (2) The written advisory opinion request shall

describe a specific transaction or activity that the requesting person plans to

undertake or is presently undertaking and intends to undertake in the future.

Requests presenting a general question of interpretation, or posing a

hypothetical situation, or regarding the activities of third parties, shall not

be considered.

      (3) Advisory opinion requests shall include a

complete description of all facts relevant to the specific transaction or

activity with respect to which the request is made.

      (4) The office of general counsel shall review all

requests for advisory opinions submitted to the registry. If the office of

general counsel determines that a request is incomplete or otherwise fails to

meet the criteria established in this section, it shall, within ten (10)

calendar days of receipt of the request, notify the requesting person, of any

deficiencies in the request.

      (5) Advisory opinion requests shall be submitted to

the Office of the General Counsel, Registry of Election Finance, 140 Walnut

Street, Frankfort, Kentucky 40601.

      (6) Upon receipt by the registry, each request

which qualifies as an advisory opinion request (AOR) under this section shall

be assigned an AOR number for reference purposes.

 

      Section 2. Public Availability of Requests. (1)

Advisory opinion requests which qualify under Section 1 of this administrative

regulation shall be made public at the registry promptly upon receipt. A

register shall be maintained by the registry containing a list of requests for

advisory opinions and shall be updated on a regular basis. The register, copies

of all requests for advisory opinions, supplemental materials, and copies of

all opinions issued shall be available for public inspection at the Registry of

Election Finance, 140 Walnut Street, Frankfort, Kentucky 40601, Monday through

Friday, between the hours of 8 a.m. and 4:30 p.m. local time.

 

      Section 3. Written Comments on Request. (1) Any

interested person may submit comments concerning requests for advisory opinions

made public by the registry. All comments shall be in writing and shall refer

to the AOR number of the request.

      (2) Written comments shall be submitted not later

than ten (10) calendar days following the date the request is made public by

the registry. If the tenth day falls on a Saturday, Sunday, or legal holiday,

the ten (10) day period shall expire at the close of the business day next

following.

      (3) Additional time for submission of written

comments may be granted upon written request for an extension by the person who

wishes to submit comments or may be granted in the discretion of the Office of

General Counsel without a request.

      (4) Written comments and requests for additional

time to comment shall be sent to the Office of General Counsel, Registry of

Election Finance, 140 Walnut Street, Frankfort, Kentucky, 40601.

      (5) Before issuing an advisory opinion, the

registry shall accept and consider all written comments submitted within the

ten (10) day comment period or any extension of the normal comment period.

 

      Section 4. Issuance of Advisory Opinions. Advisory

opinions shall be issued by the registry as provided in KRS 121.135(2).

 

      Section 5. Reliance on Advisory Opinions. An

advisory opinion issued by the registry may be relied upon only as provided in

KRS 121.135(4).

 

      Section 6. Advisory Opinion Subscription Service

Available. Copies of all advisory opinions issued by the Registry of Election

Finance shall be made available to interested parties through a per-page charge

of ten (10) cents per page plus postage. Persons wishing to obtain a copy of an

advisory opinion may contact the Registry of Election Finance, 140 Walnut

Street, Frankfort, Kentucky 40601, (502) 564-2226. (19 Ky.R. 1237; Am. 1528;

eff. 1-4-93; 2485; 20 Ky.R. 50; eff. 7-12-93.)