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RULE §215.4Formal Opinions

(a) General. Any person may request a formal opinion from the Board on any matter within the jurisdiction of Occupations Code, Chapter 2301, or Transportation Code, Chapters 503 and 1000 through 1005. It is the policy of the Board to consider requests for formal opinions and, where practicable, to inform the requesting party of the Board's views; provided, however, that a request will be considered inappropriate for a formal opinion where the request involves a matter which is under investigation or is the subject of a current proceeding by the Board or another governmental agency, or where the request is such that an informed opinion thereon can be given only after extensive investigation, research, or collateral inquiry.

(b) Procedure. Requests for formal opinions are to be submitted to the Board in writing and shall include full and complete information on the matter with respect to which the formal opinion is requested. The request must affirmatively state that the matter involved is not the subject of an investigation or other proceeding by the Board or any other governmental agency. The submission of additional information may be required by the Board.

(c) Formal opinions rendered without prejudice. Any formal opinion so given is without prejudice to the right of the Board to reconsider the matter and, where the public interest requires, to modify or revoke a previously issued formal opinion. Notice of such modification or revocation will be given to the party who originally requested the opinion so that the requestor may modify or discontinue any action which may have been taken pursuant to the Board's formal opinion. The Department will not proceed against such party with respect to any action taken in good faith reliance upon the Board's formal opinion where all relevant facts were fully, completely, and accurately presented to the Board and where such action was promptly discontinued or appropriately modified upon notification of the Board's modification or revocation of the formal opinion.

(d) Publication. Texts or digests of formal opinions of general interest will be made available to any person upon written request to the Department, subject to statutory and other restrictions against disclosure.

Source Note: The provisions of this §215.4 adopted to be effective February 11, 2010, 35 TexReg 883

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