SECTION 8.11. Review and Processing of a Request

(a) Upon receipt of a written request for an advisory opinion, the executive director shall determine whether the request:

(1) pertains to the application of a law specified under §8.3 of this chapter;

(2) meets the standing requirements of §8.5 of this chapter;

(3) meets the form requirements of §8.7 of this chapter; and

(4) cannot be answered by written response under §8.17 of this chapter by reference to the plain language of a statute, commission rule, or advisory opinion.

(b) If the executive director determines that a request for an opinion meets the requirements of this chapter as set forth in subsections (a)(1) - (3) of this section and that the request cannot be answered by written response under §8.17 of this chapter, the executive director shall assign an AOR number to the request. The executive director shall notify the person making the request of the AOR number and of the proposed wording of the question to be answered by the commission.

(c) If the executive director determines that a request for an opinion does not meet the requirements of this chapter as set forth in subsections (a)(1) - (3) of this section or that the request can be answered by written response under §8.17 of this chapter, the executive director shall notify the person making the request of the reason the person making the request is not entitled to an advisory opinion in response to the request.

(d) A person who requests an opinion may withdraw the request prior to its inclusion on a meeting agenda filed by the Commission pursuant to the Open Meetings Law. Once a request is included on such an agenda, it may not be withdrawn by the requestor.

Source Note: The provisions of this §8.11 adopted to be effective December 31, 1993, 18 TexReg 9709; amended to be effective July 13, 2020, 45 TexReg 4735; amended to be effective October 20, 2022, 47 TexReg 6821