Advisory Opinions a. Continuation of DOS advisory opinion guidance and DHS review. The Secretary of State will continue to prescribe guidance concerning advisory opinions that may be sought by consular officers, but will consult with the Secretary of Homeland Security concerning changes in that guidance. Except with respect to security advisory opinions (SAOs) relating to matters to which paragraph 3a(2)(b) of this MOU refers, the Secretary of Homeland Security must concur in changes in policies and procedures involving SAOs, including when an SAO is requested and when an SAO may be transmitted to a consular officer, and may direct changes in SAO policies and procedures when it serves the interest of homeland security.
b. Continuation of DOS issuance of advisory opinions and DHS review. DOS will continue to provide advisory opinions, including SAOs, after appropriate interagency coordination. DHS will be copied on all security advisory opinion requests. DHS will be copied on all outgoing advisory opinions whether or not relating to security. Cases in which a third agency to which such an SAO request is referred believes that denial of a visa is appropriate and DOS believes the information is legally insufficient will be referred to the Secretary of Homeland Security to decide whether the facts support denial of the visa in accordance with law. DOS advisory opinions are without prejudice to the authority of the Secretary of Homeland Security to refuse or revoke a visa. DHS will have access on site at the Visa Office or remotely, as may be appropriate, to any advisory opinion and may seek consultation concerning any opinion that may affect homeland security.
c. Involvement of Overseas DHS employees in advisory opinions. A DHS employee assigned to an overseas post who performs section 428 functions will have access to all advisory opinion requests transmitted by the post of assignment to DOS, unless the Chief of Mission or Deputy Chief of Mission determines that the sensitivity of the matter requires that access be limited in the case of a particular advisory opinion request under a ground of inadmissibility specified in paragraph 3a(2)(b) of this MOU. If the COM or DCM limits the access of a DHS employee assigned to an overseas post who performs section 428 functions to an advisory opinion request, the COM or DCM will advise DOS, which will advise DHS headquarters of the request as appropriate. A DHS employee who performs section 428 functions may recommend that the post subm...
Advisory Opinions. ARTICLE LI The parties concerned in the solution of a controversy may, by agreement petition the General Assembly or the Security Council of the United Nations to request an advisory opinion of the International Court of Justice on any juridical question. The petition shall be made through the Council of the Organization of American States.
Advisory Opinions. Written advisory opinions regarding the application of this policy to specific situations may be obtained from Human Resources (if the situation involves an employee) and/or the City Clerk (if the situation involves a municipal officer or volunteer).
Advisory Opinions. The Attorney General will generally not issue advisory opinions. However, the Attorney General may issue written guidance to address common requests for interpretation. Such written guidance will appear on the Attorney General's website.
Advisory Opinions. Some commenters requested that OIG develop an advisory opinion process for individuals and entities to obtain advisory opinions on whether specified conduct constitutes information blocking for which OIG may impose a CMP. Pursuant to section 1128D(b) of the SSA, HHS, through OIG, publishes advisory opinions regarding the application of the Federal anti-kickback statute and the associated safe harbor provisions, as well as specified administrative sanction authorities, to proposed or existing arrangements. Section 1128D(b) specifies the matters subject to advisory opinions under that authority. The CMP for information blocking is not one of the administrative sanction authorities specified by section 1128D(b) of the SSA. Furthermore, the Cures Act did not establish an advisory opinion process with regard to the application of OIG’s information blocking-related administrative enforcement authorities. At present, OIG has no plans to develop and establish an advisory opinion process regarding the application of the CMP for information blocking. The Justification of Estimates to the Appropriations Committee for the President’s fiscal year (FY) 2024 budget included a legislative proposal to provide HHS the authority to issue advisory opinions on information blocking practices.
Advisory Opinions. 9.1. An advisory opinion serves as a method for potentially avoiding a DRB Hearing. It is not intended to replace the Hearing processes described herein, but may be implemented as part of the good-faith negotiation conducted between the Parties. An advisory opinion is not a DRB Determination.
9.2. When mutually agreed by the Owners and the Contractor, the DRB may provide an advisory opinion on any issue, whether or not the subject of a Contract Claim. Advisory opinions are generally rendered in connection with regular DRB meetings, but may be the subject of a special meeting if so agreed by the Parties.
9.3. A written submittal from each Party respecting the issue submitted for an advisory opinion shall normally be required, subject to any limitations established by the DRB, that defines the issue(s) to be considered and sets out the submitting Party’s position and supporting rationale. The Parties shall submit and exchange their submittals by e-mail a minimum of five Days prior to the meeting at which the Parties desire to obtain the advisory opinion.
9.4. The Parties may make such oral presentations of their positions as the DRB determines appropriate to the issue, followed by discussion and DRB questions as needed to help ensure that the advisory opinion is suitable and appropriate for the issue presented.
9.5. The DRB Members will caucus privately prior to presenting their oral advisory opinion. Opinions will not be reduced to writing unless agreed by the Parties and the DRB.
9.6. The DRB in its discretion may decline to provide an advisory opinion when deemed inappropriate, in its discretion.
Advisory Opinions. In addition to the training required by this Agreement, at the request of Kirkland, Seattle shall provide written advisory opinions regarding interpretation, application, and compliance with the Code of Ethics.
Advisory Opinions. Where jointly requested in writing by the Other Parties, the Dispute Avoidance Board may provide an advisory opinion on any issue referred to it by the Other Parties. Any such advisory opinion is provided on a “Without Prejudice” basis and will not be a Decision as that term is referred to in Appendix 2. The Other Parties agree that nothing said or done by the Dispute Avoidance Board in providing any such advisory opinion shall prevent a Dispute, including a dispute the subject of the advisory opinion, from being referred to the Dispute Avoidance Board for a Decision pursuant to the Rules for Dispute Avoidance Board Decisions.
Advisory Opinions. An important aspect of the compliance assistance program is the advisory opinions and regulatory assistance that is routinely rendered in writing and by telephone by RCRA staff to facilities seeking guidance on specific rule interpretations and applications of RCRA. While identified under the Compliance Assistance category, this type of written and verbal guidance for the public and regulated industry requires formalized enforcement policy-making that may on occasion require regulatory research and analysis, internal reviews, and/or consultations with the Attorney General's Office. Enforcement staff also assists OI&A staff by reviewing advisory opinions and regulatory assistance correspondence issued through the OI&A program. Approximately 5% of the RCRA Program is dedicated toward this activity. MEASURE OF SUCCESS ➢ Issuance of advisory opinions as requested.
Advisory Opinions. In addition to the training and awareness required by this Agreement, at the request of SPS employees, the City shall provide informal guidance or formal advisory opinions regarding interpretation, application, and compliance with the Ethics Provisions. The City shall provide SPS employees with training and information about how to seek such guidance. At the discretion of the City, employee requests may be responded to informally or as a formal written advisory opinion. The City shall provide formal written advisory opinions on such topics as requested by SPS.
