Interpretive Opinions and No Action Letters

Section 200 Section 200.200  Interpretive Opinions and No Action Letters a)         Except as provided in subsections (b) and (c) below, the Attorney General will issue an interpretive opinion upon submission of the following: 1)         An explanatory cover letter; 2)         A $50.00 fee as required by Section 40(d) of the Act; 3)         A copy of the agreement; 4)         Promotional materials where relevant; 5)         Photographs of locations where relevant; 6)         A list of states where the applicant is registered; 7)         A list of the names and addresses of all company operated and licensed outlets; 8)         Copies of all interpretive opinions from other administrative franchise agencies relating to the same issue; 9)         A certification of all facts. b)         The Administrator will decline to issue an interpretive opinion if litigation is ongoing or reasonably anticipated. c)         No action letters will be issued where, despite the absence or pendancy of litigation, a close issue is involved which in the Administrator's opinion is best left to judicial resolution.  The Administrator will consider whether the interest of the franchisee is protected, whether the issue has been previously undecided and whether the franchisor has requested a no action letter.  A no action letter does not reach the merits of the issue but merely contains a statement that the Attorney General will not prosecute. d)         All interpretive opinions and no action letters are open to public inspection at the Administrator's office.  Copies of specific opinions and no action letters may be ordered at a cost of $1.00 each.