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
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
(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
(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
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.)