Section 39.52.240. Advisory opinions.

   (a) Upon the written request of a designated supervisor or a board or commission, the attorney general shall issue opinions interpreting this chapter.  The requester must supply any additional information requested by the attorney general in order to issue the opinion.  Within 60 days after receiving a complete request, the attorney general shall issue an advisory opinion on the question.
   (b) The attorney general may offer oral advice if delay would cause substantial inconvenience or detriment to the requesting party.
   (c) The designated supervisor or a board or commission shall make a written determination based on the advice of the attorney general.  If the advice of the attorney general provides more than one way for a public officer to avoid or correct a problem found under AS 39.52.110 - 39.52.190, the designated supervisor or the board or commission shall, after consultation with the officer, determine the alternative that is most appropriate and advise the officer of any action required of the officer to avoid or correct the problem.
   (d) A public officer is not liable under this chapter for any action carried out in accordance with a determination made under AS 39.52.210 - 39.52.240 if the officer fully disclosed all relevant facts reasonably necessary to the determination.
   (e) The attorney general may reconsider, revoke, or modify an advisory opinion at any time, including upon a showing that material facts were omitted or misstated in the request for the opinion.
   (f) A person may rely on an advisory opinion that is currently in effect.
   (g) A request for advice made under (a) of this section is confidential.
   (h) The attorney general shall post on the Alaska Online Public Notice System (AS 44.62.175), with sufficient deletions to prevent disclosure of the persons whose identities are confidential under (g) of this section, the advisory opinions issued under this section that the attorney general determines to be of major import because of their general applicability to executive branch officers.

Authorities

39.52.130;39.52.210;39.52.220;39.52.250;44.62.175

Notes

Implemented As

9 AAC 52.120

References

AS 39.52.130 Improper gifts.
AS 39.52.210 Declaration of potential violations by public employees.
AS 39.52.220 Declaration of potential violations by members of boards or commissions.
AS 39.52.250 Advice to former public officers.
AS 44.62.175 Alaska Online Public Notice System.

History

(Sec. 1 ch 87 SLA 1986; am Sec. 2 ch 54 SLA 2000)