CFR > Title 5 - Administrative Personnel > CHAPTER XVI—OFFICE OF GOVERNMENT ETHICS > SUBCHAPTER B—GOVERNMENT ETHICS (parts 2634 to 2641) > PART 2638—OFFICE OF GOVERNMENT ETHICS AND EXECUTIVE AGENCY ETHICS PROGRAM RESPONSIBILITIES > SUBPART C—Formal Advisory Opinion Service (§2638.301 to §2638.313) > 2638.303—Subject matter of formal advisory opinions.

2638.303—Subject matter of formal advisory opinions.

Formal advisory opinions will be rendered on matters of general applicability or on important matters of first impression concerning the application of the Act, Executive Order 11222 and regulations promulgated pursuant to such Act and Executive Order, and the laws embodied in 18 U.S.C. 202-209. The Director will respond to those requests which in his or her discretion fall within this category taking into consideration:
(a) The unique nature of the question and its precedential value,
(b) The potential number of officers or employees throughout the Government affected by the question,
(c) The frequency with which the question arises, and
(d) The likelihood or presence of inconsistent interpretations on the same question by different agencies.
Except in unusual circumstances, opinions will not be rendered with respect to hypothetical situations posed in requests. Opinions may be rendered, however, on proposed activities or transactions.