1 Tex. Admin. Code § 8.11 - Review and Processing of a Request
(a)
Upon receipt of a written request for an advisory opinion, the executive
director shall determine whether the request:
(1) pertains to the application of a law
specified under §
571.091, Gov't
Code;
(2) meets the standing
requirements of §
8.5 of this chapter; and
(3) meets the form requirements of §
8.7 of this chapter.
(b) If the executive director
determines that a request for an opinion meets the requirements of this chapter
as set forth in subsections (a)(1)-(3) of this section, the executive director
shall assign an AOR number to the request. The executive director shall notify
the person making the request of the AOR number and of the proposed wording of
the question to be answered by the commission.
(c) If the executive director determines that
a request for an opinion does not meet the requirements of this chapter as set
forth in subsections (a)(1)-(3) of this section, the executive director shall
notify the person making the request of the reason the person making the
request is not entitled to an advisory opinion in response to the
request.
(d) A person who requests
an opinion may withdraw the request prior to its inclusion on a meeting agenda
filed by the Commission pursuant to the Open Meetings Law. Once a request is
included on such an agenda, it may not be withdrawn by the requestor.
(e) The executive director may submit written
questions to the requestor to clarify the real or hypothetical facts submitted
with the request.
(f) The executive
director may invite comments regarding an advisory opinion request from
individuals or entities that may have expertise or an interest in the subject
of the request.
Notes
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(a) Upon receipt of a written request for an advisory opinion, the executive director shall determine whether the request:
(1) pertains to the application of a law specified under § 8.3 of this chapter;
(2) meets the standing requirements of § 8.5 of this chapter;
(3) meets the form requirements of § 8.7 of this chapter; and
(4) cannot be answered by written response under § 8.17 of this chapter by reference to the plain language of a statute, commission rule, or advisory opinion.
(b) If the executive director determines that a request for an opinion meets the requirements of this chapter as set forth in subsections (a)(1) - (3) of this section and that the request cannot be answered by written response under § 8.17 of this chapter, the executive director shall assign an AOR number to the request. The executive director shall notify the person making the request of the AOR number and of the proposed wording of the question to be answered by the commission .
(c) If the executive director determines that a request for an opinion does not meet the requirements of this chapter as set forth in subsections (a)(1) - (3) of this section or that the request can be answered by written response under § 8.17 of this chapter, the executive director shall notify the person making the request of the reason the person making the request is not entitled to an advisory opinion in response to the request.
(d) A person who requests an opinion may withdraw the request prior to its inclusion on a meeting agenda filed by the Commission pursuant to the Open Meetings Law . Once a request is included on such an agenda, it may not be withdrawn by the requestor.