16 Tex. Admin. Code § 402.101 - Advisory Opinions
(a)
Time Period.
(1) The Commission shall respond
to an advisory opinion request not later than the 60th day after the later date
of when the Commission receives the written request containing sufficient facts
or receives the additional information pursuant to a request for additional
information to provide an answer on which the requestor may rely. However, if
the Commission requests an attorney general opinion on a matter that is the
subject of an advisory opinion request the deadlines are tolled until 30 days
following the issuance of the attorney general opinion.
(2) The Commission shall notify the person
making the request of the date the advisory opinion request is received and of
the advisory opinion number.
(3)
The authority granted by Occupations Code, §
2001.059, may be
delegated to the Charitable Bingo Operations Director or his or her designee.
The Commission by separate order may delegate to an employee of the Commission
the authority granted.
(4) The
Commission retains the authority to issue advisory opinions pursuant to
Occupations Code, §
2001.059. The
delegation of authority merely augments the Commission's ability to perform the
duties and functions of the Commission with respect to issuing advisory
opinions.
(b) Request for
an Advisory Opinion.
(1) An officer, bingo
chairperson, or authorized representative of a license holder or an attorney,
accountant, or bookkeeper employed or retained by a license holder may request
from the Commission an advisory opinion regarding compliance with this chapter
and the rules of the Commission.
(2) A person requesting an advisory opinion
shall do so by sending the request in writing addressed to Advisory Opinion,
Charitable Bingo Operations Division, Texas Lottery Commission, and P.O. Box
16630, Austin, Texas 78761-6630 or by e-mail to
Advisory.Opinion@lottery.state.tx.us.
(3) A request for an advisory opinion shall
describe a specified factual situation. The request shall make clear that it is
a request for an advisory opinion under Occupations Code, §
2001.059, and state
in sufficient detail all facts upon which the request for opinion is based to
permit the Commission to provide a response to the request and shall contain
the name and address of the person requesting the opinion. The request may be
accompanied by supporting legal arguments and citations of law or rules as the
requesting person deems pertinent. Any other person may also submit legal
arguments, citations of law or rules, or legal briefs within 30 days of the
date of the request for opinion.
(c) Request for Additional Information.
(1) If the Commission determines that the
request for an advisory opinion does not contain sufficient facts to provide an
answer, the Commission shall request additional written information from the
requestor not later than ten calendar days after the request for advisory
opinion was received by the Commission.
(2) If no additional information is supplied
to the Commission within ten calendar days of the date of the Commission's
request and the Commission determines that the request does not contain
sufficient facts to provide an answer, then no opinion can be issued and the
advisory opinion request file will be closed. In this instance, the requestor
will be given a statement that no opinion can be expressed with regard to a
given fact situation due to the failure to supply additional
information.
(3) The response to a
Commission request for additional information shall be addressed to Advisory
Opinion, The Charitable Bingo Operations Division, Texas Lottery Commission,
and P.O. Box 16630, Austin, Texas 78761-6630 or by e-mail to
Advisory.Opinion@lottery.state.tx.us in order to permit the Commission to
provide a response to the request.
(d) Subject of an Advisory Opinion.
(1) The Commission may refuse to issue an
advisory opinion on a matter that the Commission knows to be in active
litigation including a contested administrative case.
(2) An advisory opinion cannot resolve a
disputed question of fact other than to provide a response which refers to the
applicable statutes and rules.
(e) Response.
(1) A request for an advisory opinion that
contains sufficient facts shall initially be referred to any appropriate
personnel within the Charitable Bingo Operations Division for review and
written comment.
(2) If the
Commission determines that a request for an advisory opinion has already been
answered by the Commission, then the Commission may provide a written response
to the requestor that cites the prior advisory opinion.
(3) The Commission may publish the response
on its website.
(4) The response
shall clearly state that the opinion is advisory in nature and is restricted to
the fact situation identified in the opinion.
(5) A requestor may rely upon an advisory
opinion if the conduct is substantially consistent with the opinion and the
facts stated in the request.
(6)
The Commission cannot grant nor confer legal authority beyond the statute or
rule which is the subject of the request for advisory opinion.
(7) A previously issued advisory opinion not
in accord with the current Commission statutes and rules may be modified or
revoked, but in such an instance the modification or revocation shall operate
prospectively only.
Notes
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