Kentucky Administrative Regulations
Title 32 - DEPARTMENT OF STATE, REGISTRY OF ELECTION FINANCE
Chapter 2 - Practice and Procedure
Section 32 KAR 2:060 - Advisory opinions
Universal Citation: 32 KY Admin Regs Service 2:060
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 121.135
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g) authorizes the Registry of Election Finance to promulgate administrative regulations necessary to carry out KRS Chapter 121. KRS 121.135 requires the Registry of Election Finance to issue advisory opinions concerning the application of campaign finance law. This administrative regulation establishes the process through which advisory opinions may be requested and issued.
Section 1. Requests for Advisory Opinions.
(1) A person may request in writing an
advisory opinion concerning the application of campaign finance law with regard
to a particular transaction. An authorized agent of the person requesting an
advisory opinion may submit the advisory opinion request, but the agent shall
disclose the identity of the principal.
(2)
(a) The
written advisory opinion request shall describe a specific transaction or
activity that the requesting person:
1. Plans
to undertake;
2. Is presently
undertaking; or
3. Intends to
undertake in the future.
(b) Requests presenting a general question of
interpretation, posing a hypothetical situation, or regarding the activities of
third parties shall not be considered.
(3) Advisory opinion requests shall include a
complete description of all facts relevant to the specific transaction or
activity with respect to which the request is made.
(4) The office of general counsel shall
review all requests for advisory opinions submitted to the registry. If the
office of general counsel determines that a request is incomplete or otherwise
fails to meet the criteria established in this section, it shall, within ten
(10) calendar days of receipt of the request, notify the requesting person of
any deficiencies in the request.
(5) Advisory opinion requests shall be
submitted by:
(a) Mail to the Office of the
General Counsel, Registry of Election Finance, 140 Walnut Street, Frankfort,
Kentucky 40601; or
(b) Email to
KREFRequests@ky.gov.
(6)
Upon receipt by the registry, each request which qualifies as an advisory
opinion request (AOR) under this section shall be assigned an AOR number for
reference purposes.
Section 2. Public Availability of Requests.
(1) The registry shall make public on its Web
site at www.kref.ky.gov any advisory
opinion requests that qualify under Section 1 of this administrative regulation
promptly upon receipt.
(2) A
register shall be:
(a) Maintained by the
registry containing a list of requests for advisory opinions; and
(b) Updated on a regular basis.
Section 3. Written Comments on Request.
(1) Any interested person
may submit comments concerning requests for advisory opinions made public to
the registry. All comments shall be in writing and shall refer to the AOR
number of the request.
(2) Written
comments shall be submitted not later than ten (10) calendar days following the
date the request is made public by the registry. If the tenth day falls on a
Saturday, Sunday, or legal holiday, the ten (10) day period shall expire at the
close of the following business day.
(3) Written comments and requests for
additional time to comment shall be sent:
(a)
To the Office of General Counsel, Registry of Election Finance, 140 Walnut
Street, Frankfort, Kentucky 40601; or
(b) By email to
KREFRequests@ky.gov.
(4)
Before issuing an advisory opinion, the registry shall accept and consider all
written comments submitted within the ten (10) day comment period or any
extension of the normal comment period.
STATUTORY AUTHORITY: KRS 121.120(1)(g)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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