1902.1 Any ANC, person, group, licensee, or business organization may make a written request to the Board for an advisory opinion when:

(a) The requestor is confronted with a situation involving the Act or this title which requires, or may require, the individual to take action; and

(b) The legality or propriety of the action to be taken is not clear from the plain text of the Act or this title.

1902.2 Any request for an advisory opinion shall set forth sufficient information to allow the Board to understand the issues involved and to frame a response. The requestor shall also state which section of the Act or section of this title the requestor wishes the Board to interpret or clarify, with respect to the stated set of facts.

1902.3 If the requestor presents insufficient facts in any request for an advisory opinion, the Board may, in its discretion, issue a letter of information; engage in fact-finding through investigation or a discretionary hearing; request the requestor to provide by letter more facts or details in support of their request; or decline to issue an advisory opinion.

1902.4 The decision to issue or not issue an advisory opinion shall be solely in the discretion of the Board.

1902.5 If issued, an advisory opinion is not binding upon the requestor but shall constitute guidance to the requestor as to how the Board may interpret the Act or this title on a particular matter, the facts of which are consistent with those raised by the requestor. Where the requestor is also a licensee, the Board may issue a show-cause notice pursuant to § 6204 of this title in the instance where the facts raised by the requestor provide the Board with reasonable cause to believe that the licensee should be fined, suspended, or revoked.

1902.6 If the requestor disagrees with the Board's advisory opinion in any respect, the individual may, within twenty (20) calendar days after issuance of the opinion, petition the Board in writing to reconsider its opinion, setting forth in detail the reasons and legal argument which support the requestor's points of disagreement, or may request the Board to issue a declaratory order, pursuant to § 1903. Advisory opinions shall not be deemed a final order of the Board.

1902.7 All advisory opinions of the Board shall be made available to the public on the agency's website.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).