- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 52. Alaska Executive Branch Ethics Act
- Section 240. Advisory Opinions.
previous: Section 230
. Reporting of Potential Violations.
next: Section 250
. Advice to Former Public Officers.
AS 39.52.240. Advisory Opinions.
- (a) Upon the written request of a designated supervisor or a board or commission, the attorney general shall issue
opinions interpreting this chapter. The requester must supply any additional information requested by the attorney
general in order to issue the opinion. Within 60 days after receiving a complete request, the attorney general shall
issue an advisory opinion on the question.
- (b) The attorney general may offer oral advice if delay would cause substantial inconvenience or detriment to the
- (c) The designated supervisor or a board or commission shall make a written determination based on the advice of the
attorney general. If the advice of the attorney general provides more than one way for a public officer to avoid or
correct a problem found under AS 39.52.110
- 39.52.190, the designated supervisor or the board
or commission shall, after consultation with the officer, determine the alternative that is most appropriate and advise
the officer of any action required of the officer to avoid or correct the problem.
- (d) A public officer is not liable under this chapter for any action carried out in accordance with a determination made
under AS 39.52.210
- 39.52.240 if the officer fully disclosed all
relevant facts reasonably necessary to the determination.
- (e) The attorney general may reconsider, revoke, or modify an advisory opinion at any time, including upon a showing that
material facts were omitted or misstated in the request for the opinion.
- (f) A person may rely on an advisory opinion that is currently in effect.
- (g) A request for advice made under (a) of this section is confidential.
- (h) The attorney general shall post on the Alaska Online Public Notice System (AS 44.62.175
), with sufficient deletions to prevent disclosure of the persons whose identities are confidential under (g) of this
section, the advisory opinions issued under this section that the attorney general determines to be of major import
because of their general applicability to executive branch officers.
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