[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2636.103]

[Page 607]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2636_LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND AFFILIATIONS 
 
                      Subpart A_General Provisions
 
Sec. 2636.103  Advisory opinions.

    (a) Request for an advisory opinion. (1) An employee may request an 
advisory opinion from an agency ethics official as to whether specific 
conduct which has not yet occurred would violate any provision contained 
in this part.
    (2) An advisory opinion may not be obtained for the purpose of 
establishing whether a noncareer employee who is subject to the 
restrictions in subpart C of this part may receive compensation for 
teaching. An advisory opinion issued under this section may not be 
substituted for the advance written approval required by Sec. 2636.307 
of this part.
    (3) The employee's request for an advisory opinion shall be 
submitted in writing, shall be dated and signed, and shall include all 
information reasonably available to the employee that is relevant to the 
inquiry. Where, in the opinion of the agency ethics official, complete 
information has not been provided, that official may request the 
employee to furnish additional information necessary to issue an 
opinion.
    (b) Issuance of advisory opinion. As soon as practicable after 
receipt of all necessary information, the agency ethics official shall 
issue a written opinion as to whether the conduct in issue would violate 
any provision contained in this part. Where conduct which would not 
violate this part would violate another statute relating to conflicts of 
interest or applicable standards of conduct, the advisory opinion shall 
so state and shall caution the employee against engaging in the conduct.
    (1) For the purpose of issuing an advisory opinion, the agency 
ethics official may request additional information from agency sources, 
including the requesting employee's supervisor, and may rely upon the 
accuracy of information furnished by the requester or any agency source 
unless he has reason to believe that the information is fraudulent, 
misleading or otherwise incorrect.
    (2) A copy of the request and advisory opinion shall be retained for 
a period of 6 years.
    (c) Good faith reliance on an advisory opinion. An employee who 
engages in conduct in good faith reliance upon an advisory opinion 
issued to him under this section shall not be subject to civil or 
disciplinary action for having violated this part. Where an employee 
engages in conduct in good faith reliance upon an advisory opinion 
issued by an ethics official of his agency to another, neither the 
Office of Government Ethics nor the employing agency shall initiate 
civil or disciplinary action under this part for conduct that is 
indistinguishable in all material aspects from the conduct described in 
the advisory opinion. However, an advisory opinion issued under this 
section shall not insulate the employee from other civil or disciplinary 
action if his conduct violates any other laws, rule, regulation or 
lawful management policy or directive. Where an employee has actual 
knowledge or reason to believe that the opinion is based on fraudulent, 
misleading, or otherwise incorrect information, the employee's reliance 
on the opinion will not be deemed to be in good faith.
    (d) Revision of an ethics opinion. Nothing in this section prohibits 
an agency ethics official from revising an ethics opinion on a 
prospective basis where he determines that the ethics opinion previously 
issued is incorrect, either as a matter of law or because it is based on 
erroneous information.

[56 FR 1723, Jan. 17, 1991, as amended at 63 FR 43068, Aug. 12, 1998; 72 
FR 16987, Apr. 6, 2007]