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Topic: Advisory opinions


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In the News (Sun 12 Oct 08)

  
  New York State Ethics Commission
The Commission issues advisory opinions interpreting the application of Public Officers Law sections 73, 73-a and 74, the statutes collectively often referred to as the "ethics law." These opinions are classified as either formal or informal.
The opinions are binding on both the Commission and the individual requesting the opinion in any subsequent proceeding, providing that the requesting individual acted in good faith and neither omitted nor misstated any material facts in the case.
Each formal opinion discusses the application of the law to the particular facts presented in the request and serves as precedent for the determination of future cases.
www.dos.state.ny.us /ethc/ao.html   (201 words)

  
 Healthcare Financial Management: Advisory opinions help clarify antifraud and abuse laws - Special Section: Fraud and ...   (Site not responding. Last check: 2007-10-09)
The advisory opinion process was instituted to address complaints that the antikickback statute was so broad and unclear as to discourage healthcare organizations from pursuing economically beneficial practices because they could have fallen within the definition of prohibited conduct.
An advisory opinion may be obtained for an existing arrangement or a future arrangement that a requester has a good-faith intent to enter into contingent upon the receipt of a favorable advisory opinion.
An advisory opinion not issued to a person or entity may not be used as evidence by that person or entity to prove that they did not intend to violate any of the statutes that may be applied in the analysis of the opinion.
www.findarticles.com /p/articles/mi_m3257/is_n4_v52/ai_20628499   (1291 words)

  
 FROF Articles - Congress Amends Law: New Advisory Opinions on Fraud and Abuse and Self-Referral Issues   (Site not responding. Last check: 2007-10-09)
The contents of an issued advisory opinion include a description of the material facts known to OIG/HCFA regarding the arrangement for which an advisory opinion was sought, and a statement of the agency`s opinion regarding the subject matter of the request based on the facts provided and known to the agency.
As set forth in the agencies` advisory opinion regulations, any advice given by OIG or HCFA is without prejudice to the right of the agency to reconsider the questions involved and, where the public interest requires, to rescind or revoke the action at a later date.
Third parties are not permitted to rely on an advisory opinion, and they may not introduce an advisory opinion issued to another individual or entity as evidence to prove that they (the third party) did not intend to violate the provisions of the fraud and abuse or self-referral laws implicated by such opinion.
www.frof.com /articles/artDetail.asp?id=115   (1598 words)

  
 Advisory Opinions   (Site not responding. Last check: 2007-10-09)
Advisory Opinion CMS-AO-2005-08-01 Concerning whether stock held by physicians in a nonprofit, tax-exempt multi-specialty group practice is an ownership or investment interest (pdf 34KB).
Advisory Opinion 98-002 Whether the partners and physician employees of a proposed partnership may, under the "in-office ancillary services" exception defined in section 1877(b)(2) OF THE Social Security Act, refer Medicare and/or Medicaid patients to the partnership for eyeglass prescriptions filled subsequent to cataract surgery with the insertion of an intraocular lens.
Advisory Opinion - Specialty Hospital 2005-08-5 (concerning whether a specialty hospital was under development as of November 18, 2003).
www.cms.hhs.gov /physicians/aop/opinion.asp   (402 words)

  
 Commission on Judicial Conduct
For example, Tennessee Advisory Opinion 96-4 states that judges should not be guests of a defense lawyers' association at its meeting or convention where the judges' registration, lodging, and travel would be paid by the association.
Opinion: A judge may not contribute to any campaign fund for public office regardless of whether the fund is an aggregate fund or an individual fund or whether the fund supports the retention of a judicial candidate or exists for another elective purpose.
This opinion is not intended to restrict the ability of judges to act in their personal capacity when a member of their immediate family is either the victim of the crime or the convicted person coming before the board.
www.ajc.state.ak.us /CONDUCT.htm   (10423 words)

  
 Ethics Advisory Opinions
Advisory opinions run the gamut in terms of subject matter and complexity.
In comparison to reported lawyer discipline cases, advisory opinions are far more representative of the ethical issues confronted by most lawyers.
  An advisory opinion was requested about whether the lateral could be immediately hired and then screened to comply with the ethics rules and avoid disqualification in the pending cases.
www.courts.state.mn.us /lprb/03bbarts/bb0803.html   (1851 words)

  
 Chapter 6: Advisory Opinions   (Site not responding. Last check: 2007-10-09)
Advisory opinions are drawn up after the same kind of deliberations as precede judgments, and are divided in the same way into a summary of the proceedings, the Court's reasoning and the operative provisions.
The advisory procedure before the Court entails the submission of written statements, as in other cases, but has certain special features which derive from the need to respect the interests of the staff member affected by the judgment, for the sake of justice.
It remains nevertheless that the authority and prestige of the Court attach to its advisory opinions and that where the organ or agency concerned endorses that opinion, that decision is as it were sanctioned by international law.
www.icj-cij.org /icjwww/igeneralinformation/ibbook/Bbookchapter6.HTM   (3022 words)

  
 Advisory Opinions
Advisory opinions are official Commission responses to questions relating to the application of the Federal campaign finance law to specific, factual situations.
Search for a particular word or phrase in Commission advisory opinions from 1977-present, or browse opinions by AO number/year.
Advisory opinions issued by the Commission, plus links to the request, draft(s) and comments received.
www.fec.gov /law/advisoryopinions.shtml   (146 words)

  
 Chapter 34-6, Advisory Opinions
34-6.007 Consideration and Issuance of Advisory Opinions by
The person requesting the opinion shall be advised that the working draft or drafts are not final, and that any additional comments, legal memoranda, or further information relevant to the opinion should be submitted as promptly as possible, but no later than the day prior to the meeting when the advisory opinion will be considered.
The person requesting the opinion shall also be advised that he or she may attend the meeting and be heard by the Commission with respect to the opinion.
www.ethics.state.fl.us /rules/34-6.html   (1671 words)

  
 Information Policy Analysis Division Web Site
Any government entity may request an advisory opinion from the Commissioner on any question concerning public access to government data, rights of subjects of data, or classification of data under Chapter 13 or other Minnesota statutes regulating government data practices.
Advisory opinions are not not binding on the government whose data are the subject of the opinion.
Advisory opinions concerning the Open Meeting Law are not binding on the governing body that is the subject of the opinion.
www.ipad.state.mn.us /opinions   (376 words)

  
 The Judicial Inquiry and Review Commission   (Site not responding. Last check: 2007-10-09)
A Judicial Ethics Advisory Committee is hereby established to render advisory opinions concerning the compliance of proposed future conduct with the Canons of Judicial Conduct.
The committee may not issue an opinion in response to a request where the facts are known to be the subject of a past or pending litigation or disciplinary proceeding or investigation.
An informal advisory opinion may be issued if the opinion is not inconsistent with prior formal opinions and Counsel finds that the subject is not of general substantial interest and continuing concern to the judiciary or the public.
www.courts.state.va.us /text/jirc/opinions.html   (2768 words)

  
 Welcome to the Committee on Open Government
Due to the repetition of the substance of various opinions, reference is made only to opinions that have continuing relevance, precedential value or that are in some manner unique.
Advisory opinions that are not available online are maintained by the Committee on Open Government and at various law libraries throughout the state.
Therefore, an opinion with a high number would have been prepared more recently and may be more up to date than an opinion on the same subject with a lower number.
www.dos.state.ny.us /coog/findex.html   (389 words)

  
 OPINIONS OF THE ATTORNEY GENERAL   (Site not responding. Last check: 2007-10-09)
It does not reflect the Court's agreement with the opinion of the court whose judgment is appealed.
In contrast, the Massachusetts Supreme Judicial Court recently held that "[l]imiting the protections, benefits, and obligations of civil marriage to opposite-sex couples" violates the liberty to choose whether and whom to marry that is protected by the Massachusetts Constitution.
Thus, this is an informal opinion rendered to assist you in advising the municipality you represent.
www.oag.state.ny.us /lawyers/opinions/2004/informal/2004_1.html   (5349 words)

  
 Advisory Opinions Can Prevent Trouble   (Site not responding. Last check: 2007-10-09)
Advisory opinions may be obtained by phone or in writing.
We consider the advisory opinions to be confidential and have never commenced a disciplinary investigation based upon information received from an advisory opinion caller.
Finally, and quite importantly, advisory opinions, whether written or oral, are not binding on the office, the board, or the court.
www.courts.state.mn.us /lprb/fc112798.html   (537 words)

  
 CMS Advisory Opinions   (Site not responding. Last check: 2007-10-09)
The purpose of the advisory opinion process is to provide meaningful advice on how section 1877 of the Act applies to specific factual situations.
Please note that advisory opinions are binding only on the individuals or entities that have requested them and only requestors may rely on an advisory opinion.
Because each opinion applies to specific individuals or entities in specific situations, no third parties are bound by, nor may they legally rely on, an advisory opinion.
www.cms.hhs.gov /physicians/aop   (408 words)

  
 The Sixth Judicial Circuit Administrative Orders   (Site not responding. Last check: 2007-10-09)
This subject matter index is not exhaustive for all topics or opinions.
However, it does contain a significant number of opinions identified as important by the JEAC.
In the near future, this index will be expanded to include all opinions issued by the JEAC from 2000 – present.
www.jud6.org /LegalPractice/opinions/judicialethicsadvisoryopinions/Opinions.html   (48 words)

  
 HHS-OIG-Fraud Prevention & Detection - Advisory Opinions
One purpose of the advisory opinion process is to provide meaningful advice on the application of the anti-kickback statute and other OIG sanction statutes in specific factual situations.
Please note, however, that advisory opinions are binding and may legally be relied upon only by the requestor.
Since each opinion will apply legal standards to a set of facts involving certain known persons who provide specific statements about key factual issues, no third parties are bound nor may they legally rely on these advisory opinions.
www.oig.hhs.gov /fraud/advisoryopinions.html   (410 words)

  
 DHCR Advisory Opinions
Advisory Opinion 87-3 postponed the effective date for implementation of certain provisions of the Rent Stabilization Code to October 1, 1987.
Date: October 1, 1987 MANUEL MIRABAL Deputy Commissioner For Rent Administration -------------------------------------------------------------- DHCR Advisory Opinions are issued by the New York State Division of Housing and Community Renewal (DHCR) and represent the agency's interpretation of the rent laws.
On any challenge or appeal, the agency may claim it has wide "discretion" to interpret the rent laws as it sees fit, as long as it's interpretation is not arbitrary, capricious or an abuse of discretion.
www.tenant.net /DHCR_info/Advisory_Opinions/adv87-4.html   (863 words)

  
 advisory opinion --  Encyclopædia Britannica
in law, the opinion of a judge, a court, or a law official, such as an attorney general, upon a question of law raised by a public official or legislative body.
Advisory opinions adjudicate nothing and are not binding, though courts sometimes cite them as evidence of the law.
More results on "advisory opinion" when you join.
www.britannica.com /eb/article-9003819?tocId=9003819   (988 words)

  
 Directory of NYS Ethics Commission Advisory Opinions   (Site not responding. Last check: 2007-10-09)
Advisory Opinions for 1988 through 1999 are also available on the Library's ftp archive in WordPerfect format.
Advisory Opinion No. 95-15 to an employee of the Office of Real Property Services on unpaid leave of absence.
Additional Advisory Opinions from 2000 on can be found at the New York State Ethics Commission home page (part of the NYS Department of State web site).
www.nysl.nysed.gov /edocs/ethics/1eth_dir.htm   (7066 words)

  
 ADVISORY OPINIONS
Advisory opinions are interpretations of the Executive Branch Code of Ethics.
Advisory opinions are issued by the Commission about matters of general nature and also may provide specific guidance for public officals and employees about a particular circumstance.
Advisory opinions are reviewed at open meetings of the Commission.
ethics.ky.gov /ADVOPIN.HTM   (341 words)

  
 Synopses of Advisory Opinons and Admonishments by the West Virginia Judicial Investigation Commission
This opinion is limited to the specific facts raised in the request for an advisory opinion.
A judicial officer may not serve on an advisory board whose membership includes the prosecuting attorney, clergy, attorneys and other individuals in the community and which was created from a grant to a police department for the purpose of discussing how to lower juvenile delinquency.
But see 10/7/94 opinion advising that a family law master may work in concession stands run by various groups supporting school activities and may as a member of a service club stand at the entrance gate at the county fair and collect the entrance fee, as distinguished from soliciting funds.
www.state.wv.us /wvsca/JIC/advop.htm   (10189 words)

  
 MyAZBar :: Unauthorized Practice of Law
This is an Advisory Opinion regarding Rule 31 of the Rules of the Supreme Court of Arizona and Arizona Code of Judicial Admin.
This is an Advisory Opinion regarding Rule 31 of the Rules of the Supreme Court of Arizona regarding a property management company’s preparation of late payment notices, eviction notices, and demand letters seeking payment of rent, as well as the preparation and recording of liens, and participation in mediations regarding unpaid rent.
This is an Advisory Opinion regarding Rule 31 of the Rules of the Supreme Court of Arizona regarding the preparation, service, and recording of mechanics lien notices.
www.myazbar.org /LawyerRegulation/upl.cfm   (762 words)

  
 Judicial Ethics Advisory Committee
The procedural rules for the Judicial Ethics Advisory Committee are at Appendix F. Requests for an advisory opinion may be sent the Judicial Discipline and Disability Commission at 323 Center Street, Suite 1060, Tower Building, Little Rock, Arkansas 72201.
The opinions are advisory only and are not binding on the Judicial Discipline and Disability Commission or the Supreme Court.
However, where a judge follows the written advisory opinion, that is evidence of good faith compliance with the Code of Judicial Conduct.
www.state.ar.us /jeac   (242 words)

  
 Advisory Opinions
TEC Database: This data base contains Ethics Advisory Opinions issued by the Texas Ethics Commission beginning in 1992.
It also contains opinions issued by the State Ethics Advisory Commission.
Advisory opinions by the Committee on Judicial Ethics construing the Code of Judicial Conduct may be found at the Texas Judiciary Online web site.
www.ethics.state.tx.us /legal/AT-eaosquery.html   (249 words)

  
 Judicial Advisory Committee Opinons   (Site not responding. Last check: 2007-10-09)
In addition, several opinions predating the adoption of the current Code are also included where they have been cited by the committee in their post-1995 opinions.
Since we had to scan from photocopies of the advisory opinions and the scanning process does allow errors to creep in, the Judicial Education Center had to edit the scanned versions to restore them as closely as possible to the original text.
The large body of advisory committee letters on our web site will demonstrate the extensive service that has been performed by this committee over the years in guiding New Mexico judges in their compliance with ethics rules.
jec.unm.edu /resources/advisoryopinions   (848 words)

  
 Ethics Advisory Service Committee   (Site not responding. Last check: 2007-10-09)
The mission of the Ethics Advisory Service Committee shall be to encourage ethical lawyer conduct by providing informal non-binding ethics opinions, and to recommend and/or review proposed changes to the Rules of Professional Conduct.
The committee generally has a turn-around of approximately five to ten working days on advisory opinions, possibly shorter depending upon the complexity and/or novelty of the issue(s) involved.
The Ethics Advisory Service is not authorized or permitted to answer questions from the general public regarding the conduct of Louisiana attorneys.
www.lsba.org /committees/ethics_advisory_service_commit.asp   (264 words)

  
 opinion summaries
In the current opinion, the Commission concluded that the approval of payment warrants is not ministerial, and reversed EC-COI-87-32 to the extent that it holds otherwise.
With this opinion, the Commission will no longer consider regional entities to be "independent municipal agencies" under the conflict law and adopts the reasoning of the Massachusetts Appeals Court in McMann v.
EC-COI-86-4 Members of an advisory committee to a state agency are considered state employees for the purposes of 268A, based on the permanence of the committee and the substantive role it plays in the agency's work.
www.mass.gov /ethics/coi-sum.htm   (16252 words)

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