FINAL ADVISORY OPINION 99-03: Procedures for and Effects of the Tendering of Informal Written and Verbal Advice by the ILRC Executive Director & Counsel
Indiana Lobby Registration Commission(Ratification vote taken at public meeting of June 15, 1999)
Questions and written comments may be directed to Indiana Lobby Registration Commission, 115 W. Washington, Suite 1375, Indianapolis, IN 46204 (317) 232-9860
The introductory statement of the ILRC's Advisory Opinion Procedure states, A[e]ach advisory opinion represents a formal policy determination of the Commission and may be relied upon in making filing and reporting decisions. Oral advice provided by staff of the Commission is intended to help citizens to analyze their particular circumstances and to make decisions on their own about compliance with the lobby registration law. There should be no specific reliance on oral advice of this kind.@
The above statement is recognized by the Commissioners to be an accurate representation of current Commission policy and practice relating to oral advice given by individual ILRC staff members and Commissioners. At the request of the Executive Director, the Commissioners now clarify the procedure for and effects of informal written advice tendered by ILRC staff.
Requests for informal written advice from staff should be made by the requesting party in writing. All necessary facts must be provided. The informal written advice of staff will apply only to the specific facts given by the requesting party. Requests for informal written advice may be framed in the form of a hypothetical and may be submitted on behalf of an undisclosed principal, to the extent the requesting party states in writing that there is a principal. All requests for informal advice and responses thereto are part of the public record, unless the request refers to specific audit verification documents.
The effect of informal written advice provided by ILRC staff is very similar to the effect of oral advice given by ILRC staff. Though the informal written advice of the Executive Director presents some level of weight, informal opinions do not represent official positions of the Commission and should not be relied upon as such. The purpose of informal written advice by staff is solely to assist and guide the requesting party in his or her effort to comply with the disclosure statute.
