3.0126 Effect of advisory opinion.

Cite as [A.S.A.C. § 3.0126 ]

(a) A later formal opinion overrules earlier formal opinions or informal opinions with which it is necessarily in conflict.A later informal opinion overrules earlier formal opinions with which it is necessarily in conflict but does not overrule an earlier formal opinion.

(b) An advisory opinion shall be applicable only to the factual situation contained in the request or set forth in the opinion.It shall not be applicable to different factual situation or where additional facts not considered in the opinion exist.

(c) An advisory opinion, until amended or revoked, is binding on the commission in any subsequent proceedings concerning the inquirer who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the inquirer in the request for an advisory opinion.

History: Rule 1-85. eff 2 May 85, § 3.7.