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311A.040 Advisory opinions.
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The board may, on petition by an interested party, issue an advisory opinion relating
to the applicability to any person, property, or state of facts of a statute in this
chapter, administrative regulation promulgated by the board, decision, order, or
other written statement of law or policy within the jurisdiction of the board.
An advisory opinion shall be binding on the board and all parties to the proceeding
on the statement of facts alleged.
The board may not retroactively change an advisory opinion, but nothing in this
section shall prevent the board from prospectively changing an advisory opinion.
The board shall promulgate an administrative regulation in accordance with KRS
Chapter 13A on procedures for submission, consideration, reconsideration, and
disposition of a petition for an advisory opinion.
An advisory opinion of the board may be appealed to the Circuit Court of the
county in which the board's offices are located within thirty (30) days of the date of
the advisory opinion by the board.
Each advisory opinion shall be a public record and shall be published in the manner
specified by the board.
When the board supersedes, vacates, modifies, or repeals a previous advisory
opinion the new opinion shall specify each previous opinion affected.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 211, sec. 7, effective July 15, 2002.
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