Alaska Statutes
Alaska Stat. § 15.13.374 (2026)
Advisory opinion
✓ current as of July 2026
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Sec. 15.13.374. Advisory opinion.
(a) Any person may request an advisory opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 — 24.60.260, or AS 39.50.
(b) A request for an advisory opinion
(1) must be in writing or contained in a message submitted by electronic mail;
(2) must describe a specific transaction or activity that the requesting person is presently engaged in or intends to undertake in the future;
(3) must include a description of all relevant facts, including the identity of the person requesting the advisory opinion; and
(4) may not concern a hypothetical situation or the activity of a third party.
(c) Within seven days after receiving a request satisfying the requirements of (b) of this section, the executive director of the commission shall recommend a draft advisory opinion for the commission to consider at its next meeting.
(d) The approval of a draft advisory opinion requires the affirmative vote of four members of the commission. A draft advisory opinion failing to receive four affirmative votes of the members of the commission is disapproved.
(e) A complaint under AS 15.13.380 may not be considered about a person involved in a transaction or activity that
(1) was described in an advisory opinion approved under (d) of this section;
(2) is indistinguishable from the description of an activity that was approved in an advisory opinion approved under (d) of this section; or
(3) was undertaken after the executive director of the commission recommended a draft advisory opinion under (c) of this section and before the commission acted on the draft advisory opinion under (d) of this section, if
(A) the draft advisory opinion would have approved the transaction or activity described; and
(B) the commission disapproved the draft advisory opinion.
(f) Advisory opinion requests and advisory opinions are public records subject to inspection and copying under AS 40.25.100 — 40.25.295, except that, if a person requesting an advisory opinion requests that the person's name be kept confidential, the person's name shall be kept confidential and the commission shall redact the name of the requester from the request and from the advisory opinion before making the request and opinion public.
(a) Any person may request an advisory opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 — 24.60.260, or AS 39.50.
(b) A request for an advisory opinion
(1) must be in writing or contained in a message submitted by electronic mail;
(2) must describe a specific transaction or activity that the requesting person is presently engaged in or intends to undertake in the future;
(3) must include a description of all relevant facts, including the identity of the person requesting the advisory opinion; and
(4) may not concern a hypothetical situation or the activity of a third party.
(c) Within seven days after receiving a request satisfying the requirements of (b) of this section, the executive director of the commission shall recommend a draft advisory opinion for the commission to consider at its next meeting.
(d) The approval of a draft advisory opinion requires the affirmative vote of four members of the commission. A draft advisory opinion failing to receive four affirmative votes of the members of the commission is disapproved.
(e) A complaint under AS 15.13.380 may not be considered about a person involved in a transaction or activity that
(1) was described in an advisory opinion approved under (d) of this section;
(2) is indistinguishable from the description of an activity that was approved in an advisory opinion approved under (d) of this section; or
(3) was undertaken after the executive director of the commission recommended a draft advisory opinion under (c) of this section and before the commission acted on the draft advisory opinion under (d) of this section, if
(A) the draft advisory opinion would have approved the transaction or activity described; and
(B) the commission disapproved the draft advisory opinion.
(f) Advisory opinion requests and advisory opinions are public records subject to inspection and copying under AS 40.25.100 — 40.25.295, except that, if a person requesting an advisory opinion requests that the person's name be kept confidential, the person's name shall be kept confidential and the commission shall redact the name of the requester from the request and from the advisory opinion before making the request and opinion public.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2021–2026 · leading case: Alaska Pub. Offices Comm'n v. Donna Patrick, James K. Barnett, & John P. Lambert, 494 P.3d 53 (Alaska 2021).
Alaska Pub. Offices Comm'n v. Donna Patrick, James K. Barnett, & John P. Lambert, 494 P.3d 53 (Alaska 2021). “In November 2019 the superior court reversed APOC’s dismissal of the complaints and remanded for APOC to consider the complaints in light of a Ninth Circuit decision, Thompson v.”
Alaska Pub. Offices Comm'n v. Not Tammie & Citizens for Clean Air - No On Proposition 1, 482 P.3d 386 (Alaska 2021). “020(i) (prohibiting staff members from voting on commission matters); AS 15.13.374(c)-(d) (authorizing executive director to draft advisory opinions that commissioners may adopt or reject).”
Alaska Policy Forum v. Alaska Pub. Offices Comm'n; Yes on 2 for Better Elections; & Protect My Ballot (Alaska 2026). “150 AS 15.13.374. 151 Because APF has challenged the timeframes for regulation on vagueness grounds only, rather than overbreadth, we do not address the latter issue.”
— Alaska Stat. § 15.13.374(a) — 1 case
Alaska Policy Forum v. Alaska Pub. Offices Comm'n; Yes on 2 for Better Elections; & Protect My Ballot (Alaska 2026). “150 AS 15.13.374. 151 Because APF has challenged the timeframes for regulation on vagueness grounds only, rather than overbreadth, we do not address the latter issue.”
— Alaska Stat. § 15.13.374(c) — 1 case
Alaska Pub. Offices Comm'n v. Not Tammie & Citizens for Clean Air - No On Proposition 1, 482 P.3d 386 (Alaska 2021). “020(i) (prohibiting staff members from voting on commission matters); AS 15.13.374(c)-(d) (authorizing executive director to draft advisory opinions that commissioners may adopt or reject).”
— Alaska Stat. § 15.13.374(e) — 1 case
Alaska Pub. Offices Comm'n v. Donna Patrick, James K. Barnett, & John P. Lambert, 494 P.3d 53 (Alaska 2021). “In November 2019 the superior court reversed APOC’s dismissal of the complaints and remanded for APOC to consider the complaints in light of a Ninth Circuit decision, Thompson v.”
— Alaska Stat. § 15.13.374(e)(1) — 1 case
Alaska Pub. Offices Comm'n v. Donna Patrick, James K. Barnett, & John P. Lambert, 494 P.3d 53 (Alaska 2021). “In November 2019 the superior court reversed APOC’s dismissal of the complaints and remanded for APOC to consider the complaints in light of a Ninth Circuit decision, Thompson v.”
— Alaska Stat. § 15.13.374(e)(2) — 1 case
Alaska Pub. Offices Comm'n v. Donna Patrick, James K. Barnett, & John P. Lambert, 494 P.3d 53 (Alaska 2021). “In November 2019 the superior court reversed APOC’s dismissal of the complaints and remanded for APOC to consider the complaints in light of a Ninth Circuit decision, Thompson v.”
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