Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 11.00 - Regulatory Action and Advisory Opinions
Section 11.07 - Effect of an Advisory Opinion

Universal Citation: 555 MA Code of Regs 555.11

Current through Register 1531, September 27, 2024

(1) The Commission's issuance of an advisory opinion shall, in any Commission proceeding, provide a defense to a person or entity that acted in accordance with that opinion, where:

(a) The circumstances at issue in the Commission proceeding are not materially different than those upon which the advisory opinion was based;

(b) The person or entity has not acted inconsistently with 555 CMR 11.03(5); and

(c) The person or entity has not failed to comply with an obligation under 555 CMR 11.03(6).

(2) At any time, the Commission may rescind or revise an advisory opinion. Where the original advisory opinion was issued in response to a petition, the Commission shall promptly provide notice to the petitioner of any rescission or revision.

(3) An advisory opinion shall have no force or effect:

(a) With respect to circumstances that are materially different than those upon which it was based;

(b) If it is rescinded;

(c) If it is materially revised in relevant part;

(d) If it is rendered invalid by a change in law; or

(e) If a court issues a binding decision that is inconsistent with it.

(4) The circumstances described in 555 CMR 11.07(3) shall not invalidate or negate any prior Commission action or decision other than an advisory opinion, unless the Commission or any source of law expressly requires the invalidation or negation of such action or decision.

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