§18320. Requests for Opinions.
(a) Opinion requests may be submitted to the Commission by any person whose
duties under the Act are in question or by that person's representative.
(1) The identity of the person whose duties are in question shall be provided
with the opinion request. If the opinion request is submitted by the representative
of several persons similarly situated, the identity of at least one such person
shall be provided with the opinion request.
(2) The immunity provided by Government Code section 83114 shall extend only
to the person or persons identified in the opinion request.
(b) Opinion requests shall present all material facts as concisely as possible
and shall state the question or questions based on the facts.
(c) The Commission staff shall maintain a master file containing all opinion
requests. This file shall be open to public inspection.
(d) The Executive Director shall determine whether to grant or deny opinion
requests.
(e) Within 14 days after the request is submitted, the person making the opinion
request shall be notified in writing of the decision of the Executive Director.
If the opinion request is denied, the notification shall state the reason for
the denial and shall advise the person submitting the request of his right to
appeal to the Commission pursuant to 2 Cal. Code Regs. section 18321.
(f) Among the criteria upon which denial of an opinion request may be based
are the following:
(1) The question raised is covered by Commission regulations.
(2) The question raises no substantial question of interpretation and, therefore,
requires only a routine reply more appropriately made by staff.
(3) The person who made the request does not have sufficient interest (standing)
in the question to justify an opinion being issued.
(4) The question is hypothetical. However, opinion requests may be granted if
the hypothetical facts stated represent an intended course of conduct which
is contingent on the Commission's opinion.
(5) The question is overbroad in that it asks for an interpretation of the Act
in general terms.
(6) The question does not present material facts or does not state a question
based on the facts presented.
(7) The question is outside the scope of the Political Reform Act.
NOTE: Authority cited: Section 83112, Government Code.
Reference: Section 83114, Government Code.
History
(1) New section filed 8-1-75; effective thirtieth day thereafter.
(2) Repealer and new section filed 5-10-76 as an emergency; effective upon filing.
Certificate of Compliance included.
(3) Amendment of section heading filed 10-29-81; effective thirtieth day thereafter.
(4) Amendment filed 7-14-83; effective thirtieth day thereafter.
(5) Amendment of subsection (d) filed 6-29-84; effective thirtieth day thereafter.
(6) Change without regulatory effect filed and effective 10-6-2003.