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3.0123Disposition of request.

Cite as [A.S.A.C. § 3.0123D]

(a) Any request which does not conform to the foregoing, or where the facts presented are considered by the commission to be inadequate for the purpose, shall be rejected.

(b)A request for an advisory opinion is considered filed with the commission when all the information considered necessary has been furnished.

(c) At its discretion, the commission may refuse to issue an advisory opinion where:

(1) The issue is the subject of pending litigation.

(2) The question is speculative and does not involve existing facts or facts which can 'reasonably' be expected to exist in the near future.

(3) The inquirer's current or proposed action would not subject him to any penalty under the law or rules administered by the commission.

(d) Within a reasonable time after the submission of a completed request, the commission shall consider the request and either deny it in writing, stating the commission’s reason for the denial, or issue an advisory opinion on the matters contained in the petition.

History: Rule 1-85, err 2 May 85. § 3.4