EAO 098

The granting or denying of a loan guarantee by the Department of Commerce would be “administrative action” for purposes of chapter 305 of the Government Code. A business that retains or employs a broker to communicate with officers or employees of the Department of Commerce to influence department action may not make the broker’s payment contingent on the outcome of action by the department. This prohibition would also apply in a case in which the broker’s payment is made contingent on the successful completion of a larger transaction if a piece of the transaction is specific action by the Department of Commerce.