Code of the District of Columbia

§ 1–1163.06. 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 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.


(Apr. 27, 2012, D.C. Law 19-124, § 306, 59 DCR 1862; Feb. 22, 2014, D.C. Law 20-79, § 2(g), 61 DCR 153; Mar. 13, 2019, D.C. Law 22-250, § 6(j), 66 DCR 985.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-79 rewrote the first sentence in (a); and added (c).

Applicability

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250, as amended by § 1104 of D.C. Law 23-149, repealed the requirement that § 6(j) of D.C. Law 22-250 would be subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore the amendment made by § 6(j) of D.C. Law 22-250 has been implemented.

Applicability of D.C. Law 22-250: § 10 of D.C. Law 22-250 provided that the change made to this section by § 6(j) 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.

Editor's Notes

Section 7009 of D.C. Law 21-160 repealed § 3 of D.C. Law 20-79. Therefore the changes made to this section by D.C. Law 20-79 have been given effect.

Applicability of D.C. Law 20-79: Section 3 of D.C. Law 20-79 provided that the act shall apply upon the latest of: (1) The inclusion of the fiscal effect of the act in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register; or (2) January 31, 2015.

A certification dated February 4, 2015, that the fiscal effect of the Campaign Finance Reform and Transparency Amendment Act of 2013, D.C. Law 20-79, has been included in an approved budget and financial plan was published in the D.C. Register on March 13, 2015 (62 DCR 2988).