Iowa Admin. Code r. 351-5.6

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 351-5.6 - Board advice

Public officials, public employees, or other persons interested in using public funds for a political purpose may first seek advice or guidance from the board concerning the legality of the action or conduct.

(1)Advisory opinion. A board advisory opinion applies a statute or rule to a particular factual situation. The procedure for requesting aboard opinion is set out in rules 351-1.2 (68B) and 1.3(68B). As provided in Iowa Code section 68B.32A(12), a board opinion, if followed, constitutes a defense to a subsequent complaint concerning the same facts and circumstances.

(2)Declaratory order Persons may also seek board guidance concerning the application of a statute or rule to a specific factual situation through the petition for declaratory order procedure set out in 351-Chapter 12.

(3)Board review of a communication. Any person interested in producing and distributing a communication using public resources may submit the communication prior to its distribution for a board determination of whether or not the communication contains express advocacy.

This rule is intended to implement Iowa Code section 68B.32A(12).

Iowa Admin. Code r. 351-5.6

Editorial change: lAC Supplement 4/8/09