(1) The commissioner of political practices herein adopts and incorporates the Attorney General's Model Procedural Rules Introduction through rule 7 by reference to such rules as stated in ARM 1.3.101 through 1.3.210 and the Attorney General's Model Procedural Rules 22 through 24 by reference to such as stated in ARM 1.3.227 through 1.3.229 in cases when a formal declaratory ruling proceeding is requested by a person through the filing of a petition as prescribed in ARM 1.3.226.   In all other cases, the commissioner will issue "advisory opinions" under the following procedure:

(a) A person desiring an interpretation to determine the applicability of a rule or statute administered by the commissioner to the person's activity or proposed activity may request an advisory opinion.   All requests for an advisory opinion shall be in writing and shall contain:

(i) The identity, address, and signature of the person requesting the opinion.

(ii) A complete statement of the facts and circumstances upon which the commissioner is to base an opinion.

(iii) The rule or statute for which the person seeks an opinion.

(iv) The specific question presented for decision by the commissioner.

(b) Within a reasonable time after the receipt of a request for an advisory opinion, the commissioner shall consider the request and, based upon the facts presented in the request, prepare an opinion in writing, except as provided in (b) (i) .   The commissioner may seek public comment prior to issuing an advisory opinion, depending on the particular question presented for an opinion.

(i) The commissioner will not issue an advisory opinion, but will notify the inquirer of the determination, when:

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

(B) A prior opinion has been rendered that addresses the fact and question presented in a subsequent request.

(C) The facts are inadequate for a determination.

(c) An advisory opinion will be rendered upon the facts submitted in the request and over the signature of the commissioner.    A copy of the opinion will be mailed to the inquirer and published in a manner which will provide wide public dissemination.   The commissioner will maintain an index

of all opinions and will make an opinion available upon request.

(d) An advisory opinion rendered in accordance with this rule is binding between the commissioner and the inquirer on the state of facts alleged in the written request.   An advisory opinion is not subject to judicial review.   A person desiring judicial review of an advisory opinion shall file a formal petition for declaratory ruling, pursuant to 2-4-501, MCA and (1) of this rule.

(e) A later advisory opinion or declaratory ruling overrules an earlier advisory opinion or declaratory ruling with which it is necessarily in conflict.

(f) A request for a declaratory ruling or an advisory opinion shall have no effect on the commissioner's investigation of and disposition of a formal complaint filed pursuant to ARM 44.10.307.