Issuance of advisory opinions

# (a)

To the extent any wholesaler or retailer has questions concerning the price at which the wholesaler or retailer may legally sell cigarettes under the Unfair Cigarette Sales Act, Arkansas Code § 4-75-701 et seq., or whether an act constitutes an unlawful rebate or an unlawful concession, the wholesaler or retailer may submit a written request to the Director of Arkansas Tobacco Control for an advisory opinion.

# (b)

The written request should include a recitation of all facts relevant to the subject matter of the inquiry.

# (c)

The director shall present the written request to the Arkansas Tobacco Control Board within forty-five (45) days of receipt thereof, unless good cause requires a longer period, along with the director’s proposed response to the request.

# (d)

The board shall approve, modify, or reject the director’s proposed response within thirty (30) days of receipt thereof from the director, unless good cause requires a longer period.

# (e)

The board may also issue advisory opinions on its own initiative if it determines that the subject of the opinion is of such public concern that an advisory opinion would benefit the public.

# (f)

Neither the director nor the staff of the board shall provide oral or written advisory opinions concerning the price at which the wholesaler or retailer may legally sell cigarettes under the Unfair Cigarette Sales Act, Arkansas Code § 4-75-701 et seq., or whether an act constitutes an unlawful rebate or an unlawful concession in any manner other than that authorized by this part.

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