Assigners (including associations that assign) are what throw the IC/EE conundrum into a loop.
If assigners merely acted as agents for officials, helping them solicit business, it would not be such an issue. But assigners (even if they act like they don't) work for the schools, not the officials, so they function much more as bosses than agents due to the nature of their jobs. Many, unfortunately, act more as dictators, thus you get these ridiculous "non-compete agreements" and other restrictions on officials that clearly violate IC laws.
Schools directly hiring officials and the lack of the middleman is the most obvious scenario where we are clearly ICs. Not saying that this would be a good thing by any means (though there are areas that operate this way); merely pointing out the argument.
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