Effect of Declaratory Opinions

Effect of Declaratory Opinions. The Permit Board will not pursue any civil or criminal action against a person who is issued a declaratory opinion from the Executive Director of the Department on behalf of the Permit Board and who, in good faith, follows the direction given in the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong and without any substantial support. Any declaratory opinion rendered by the Executive Director on behalf of the Permit Board shall be binding only on the Department and the Permit Board and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set of facts described in the original request.