351—1.3(68B) Processing of advisory opinion requests; routine administrative advice.
- 1.3(1) Requests for board advisory opinions shall be sent to the board’s legal counsel in writing.
- 1.3(2) After receiving a qualified opinion request, the board’s legal counsel shall prepare a draft opinion for board review. Upon an affirmative vote, the board will issue an advisory opinion. Advice contained in an advisory opinion, if followed, constitutes a defense to a subsequent complaint that is based on the same facts and circumstances.
- 1.3(3) A person who receives an advisory opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion. A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request.
- 1.3(4) Advisory opinions are public records and shall be made available via the board’s website.
- 1.3(5) Nothing in this rule precludes board staff from providing oral or written routine administrative advice when presented with oral or written inquiries from any person.
- 1.3(6) Nothing in this rule precludes a person who has received routine administrative advice from petitioning for a declaratory order. The board will refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requester demonstrates a significant change in circumstances from those in the original opinion.
This rule is intended to implement Iowa Code section 68B.32A(12).
[ARC 0233D, IAB 4/29/26, effective 6/3/26]