§ 1–1001.05a. Advisory opinions.

(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 Board shall provide an advisory opinion regarding compliance with this subchapter:

(A) An elected official or a candidate to be an elected official;

(B) Any person required to or who reasonably anticipates being required to submit filings to the Board under this subchapter in connection with any election; or

(2)(A) The 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 by the Board. Comments upon the requested opinion shall be received by the Board for a period of at least 15 days following publication of the concise statement.

(B) The Board may waive the requirements of subparagraph (A) of this paragraph, 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 after their issuance; provided, that the identity of a person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without the person's prior consent in writing. When issued according to rules of the Board, an advisory opinion shall be deemed to be an order of the 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 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 advisory opinion.

(Aug. 12, 1955, 69 Stat. 700, ch. 862, § 5a; as added Mar. 13, 2019, D.C. Law 22-250, § 5(d), 66 DCR 985; Mar. 16, 2021, D.C. Law 23-192, § 2(e), 68 DCR 001073.)

Applicability

Section 7183 of D.C. Law 24-45 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the creation of this section by Law 22-250 has been implemented.

Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the creation of this section by Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the creation of this section by § 5(d) of D.C. Law 22-250 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.