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District of Columbia Code Division I. Government of District. § 1-1163.06. Advisory opinions.

Current as of January 01, 2024 | Updated by FindLaw Staff

(a)(1) On its own initiative, or upon receiving a request from a person listed below and within a reasonable time after its receipt, the Campaign Finance Board shall provide an advisory opinion regarding compliance with this chapter:

(A) A public official;

(B) A political committee, political action committee, or independent expenditure committee;

(C) An official of a political party;

(D) Any person required to or who reasonably anticipates being required to submit filings to the Campaign Finance Board under this subchapter; or

(E) Any other person under the jurisdiction of the Campaign Finance Board.

(2) The Campaign Finance Board shall publish a concise statement of each request for an advisory opinion, without identifying the person seeking the opinion, in the District of Columbia Register within 20 days after its receipt. Comments upon the requested opinion shall be received by the Campaign Finance Board for a period of at least 15 days following publication. The Campaign Finance Board may waive the advance notice and public comment provisions, following a finding that the issuance of the advisory opinion constitutes an emergency necessary for the immediate preservation of the public peace, health, safety, welfare, or trust.

(b) Advisory opinions shall be published in the District of Columbia Register within 30 days of their issuance; provided, that the identity of any person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without his or her prior consent in writing. When issued according to rules of the Campaign Finance Board, an advisory opinion shall be deemed to be an order of the Campaign Finance Board.

(c) There shall be a rebuttable presumption that a transaction or activity undertaken by a person in reliance on an advisory opinion from the Campaign Finance Board is lawful if:

(1) The person requested the advisory opinion;

(2) The facts on which the opinion is based are full and accurate, to the best knowledge of the person; and

(3) The person, in good faith, substantially complies with any recommendations in the opinion.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 1-1163.06. Advisory opinions. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-1-1163-06/

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