Board Opinions

PLS7393 · Post by **PLS7393** » Thu Oct 15, 2009 6:55 am

As issues get discussed in various threads, a Board Opinion shows up for various topics, and they seem to answer a lot of questions.

Is there a reference to all Board Opinions available in one location already on the CLSA website?

If not, what about creating a new section under Members Site called "Board Opinons"?

A thread will get lost in a few weeks, similar to how the link that was created showing government agencies websites is now down the page. Luckily I have that list of websites saved. Resouces on the main page of the website has a map of CA which also has direct links to each participating county within the state, that comes in handy as well.

Ian Wilson · Post by **Ian Wilson** » Thu Oct 15, 2009 9:27 am

The Board Opinions are no longer published or available.

It was the opinion of the Board's legal counsel that those opinions constituted creation of law external to the legislative process and were not "legal".

In light of this, I don;t think the Board would like to see a formal repository of such opinions.

D Ryan · Post by **D Ryan** » Thu Oct 15, 2009 2:06 pm

Ian, aren't you talking about those pesky Policy Resolutions from the 1990's that were redacted (can I use that word?), but I would think any written opinions by the Board as a reply to one of our questions (of which we seem to have plenty) are entirely valid to rely upon as guidance in how they would enforce an issue. Of course I still have a set of those Policy Resolutions around and occasionally use them to clarify an issue in my mind, but would be hesitant to hold the Board to them today.

Dave Ryan,
Humboldt County

Ian Wilson · Post by **Ian Wilson** » Thu Oct 15, 2009 2:10 pm

Right you are, Dave!

The letters sent out in response to individual questions would be fair game to archive. Unfortunately, we would only be able to archive those letters shared by their recipients as there is no "repository" of those letters.

The other resolutions were "rescinded" under the belief that they actually constitute unconstiutional creation of law.

E_Page · Post by **E_Page** » Thu Oct 15, 2009 2:37 pm

"Underground Regulation", I think is the term.

However, I think that the Board's counsel is mistaken in looking at it that way. The letters/opinions do not create any new law, but rather let the recipient know how BPELS interprets existing law.

One could reasonably presume that they would continue to interpret the laws the same way when reviewing a complaint against a surveyor, unless the law has changed.

Regulations are written by agencies as a means of interpreting existing law and a guide for practitioners to properly adhere to the law and as a guide for enforcement. By not publishing these opinions, by being less transparent, BPELS is putting itself more in the realm of creating "Underground Regulations", which by definition, arehidden expectations of practice which are enforced.

I would not be surprised if the reason behind the reason was a little turf war between BPELS and the AG's office, since the AG is the only agency in the executive branch authorized to offer and publish opinions on existing law on behalf of the State.