{"data":{"id":"us-ky/krs-6.681","jurisdiction":"us-ky","citation":"KRS 6.681","heading":"Advisory opinions -- Draft of proposed response to advisory opinion request -","body":"- Confidentiality.\n(1) The commission may render advisory opinions concerning matters under its\njurisdiction, based upon real or hypothetical circumstances, when requested by:\n(a) Any person covered by this code;\n(b) Any person who is personally and directly involved in the matter; or\n(c) The commission upon its own initiative.\n(2) (a) An advisory opinion shall be requested in writing and shall state relevant facts\nand ask specific questions. The request for the advisory opinion shall remain\nconfidential unless confidentiality is waived, in writing, by the requestor.\n(b) No less than five (5) days prior to the meeting in which the commission is\nscheduled to consider an a dvisory opinion, the commission shall provide a\ndraft of its proposed response to the advisory opinion request, or notice of its\nintention not to issue an advisory opinion, to the requestor and each\ncommissioner. The requestor may appear personally, with o r without counsel,\nbefore the commission in closed session to provide comment on the proposed\nresponse prior to the commission's vote on the request.\n(3) Advisory opinions shall be based on the Kentucky Revised Statutes as written and\nshall not be based on  the personal opinions of commission members as to\nlegislative intent or the spirit of the law.\n(4) The commission shall promulgate administrative regulations to establish criteria\nunder which it may issue confidential advisory opinions. All other advisory\nopinions shall be published except that before an advisory opinion is made public, it\nshall be modified so that the identity of any person associated with the opinion shall\nnot be revealed.\n(5) The confidentiality of an advisory opinion may be waived either:\n(a) In writing by the person who requested the opinion; or\n(b) By majority vote of the members of the commission, if a person makes or\npurports to make public the substance or any portion of an advisory opinion\nrequested by or on behalf of the person. The commission may vote to make\npublic the advisory opinion request and related materials.\n(6) (a) A written advisory opinion issued by the commission shall be binding on the\ncommission in any su bsequent proceeding concerning the facts and\ncircumstances of the particular case if no intervening facts or circumstances\narise which would change the opinion of the commission if they had existed at\nthe time the opinion was rendered. However, if any fact  determined by the\ncommission to be material was omitted or misstated in the request for an\nopinion, the commission shall not be bound by the opinion.\n(b) A written advisory opinion shall be admissible in the defense of any criminal\nprosecution or civil proceeding for violations of this code for actions taken in\nreliance on that opinion.","path":["KRS Chapter 6"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55532","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:25Z","sha256":"48cf92d88da552279e0f44b4c3f311a5d97c54dfea970ebfde3963d77df4fe37","source_id":"us-ky","stale":false,"prev":"us-ky/krs-6.680","next":"us-ky/krs-6.685"},"notice":"GroundRules: Original legal text. Not legal advice."}