With respect to certain exempted executive branch “lobbying activity,” may a former state employee present testimony, oral and written, in a hearing conducted in accordance with the AOPA, i.e., represent a client in a properly noticed & ...

Published 08/06/2007 03:24 PM   |    Updated 02/17/2009 05:33 PM

With respect to certain exempted executive branch “lobbying activity,” may a former state employee present testimony, oral and written, in a hearing conducted in accordance with the AOPA, i.e., represent a client in a properly noticed & conducted public hearing which is convened for the purpose of taking public testimony on a proposed rule?

The prohibition on “lobbying” in the revolving door law (IC 4-2-6-11) states that “A former state officer, employee, or special state appointee may not accept employment or receive compensation:

        (1) as a lobbyist (as defined in IC 4-2-7-1);”

 

IC 4-2-7-1 states:

 

(5) "Lobbyist" means an individual who seeks to influence decision making of an agency and who is registered as an executive branch lobbyist under rules adopted by the Indiana department of administration. (emphasis added)

 

Referencing this last definition, if you engaged in lobbying activity that was subject to the registration exemption, and therefore were not required to register, then the revolving door prohibitions would not apply.  It is the opinion of the Executive Director of Executive Branch Lobbying that the revolving door law prohibits state employees from becoming “registered” executive branch lobbyists, and then engaging in the conduct that would fit that definition.  

 

For more information, see the Executive Branch Lobbyist Registration Rule, visit the Executive Branch Lobbyist website at http://www.in.gov/idoa/2885.htm,  or call (317) 234-4431.

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