Section 15.6. Advisory opinions.

(1) An appointing authority, employee, or public officer of the executive branch may request an advisory opinion relating to matters affecting the ethical conduct of a public officer or employee. The request shall be in writing  and  filed  at the board office with the executive secretary who shall present it to the board for consideration. Requests for advisory opinions need not be notarized.

(2)     The executive secretary may administratively dismiss a request for an advisory opinion if the request fails to comply with subrule (1) of this rule.

(3)      The chairperson of the board may administratively dismiss a request for an advisory opinion for either of the following reasons:

(a)     One or more requests or complaints  regarding  the  same  matter   are pending.

(b)     The board previously addressed the subject matter.

(4)      Upon presentation of a request for an advisory opinion, the board may direct the executive secretary or the attorney general to obtain additional information regarding the request. Any information acquired by the executive secretary or the attorney general in the course of investigation is confidential unless disclosed by the board.

(5)        The person requesting the advisory opinion, and the person subject to the request, shall have the opportunity to speak to the board at the meeting scheduled to address the advisory opinion.

(6)      At any time, the board may issue an advisory opinion decision on the request based on any of the following reasons:

(a)     The board lacks jurisdiction over the person subject to the  advisory opinion.

(b)     The board lacks jurisdiction over the subject matter.

(c)     The person asserting the claim lacks the legal capacity to file the request for an advisory opinion.

(d)       The request for an advisory opinion is barred because of release, prior judgment, or other disposition of the claim before the request for an advisory opinion was filed.

(e)      The request for advisory opinion on its face fails to delineate any unethical conduct.

(7)     If no genuine issue as to any material fact exists, then the board may issue an advisory opinion without a hearing.

(8)      If the board determines that the request for an advisory opinion cannot be resolved under subrules  (6) and (7) of this rule, then the board may schedule a hearing in accordance with R 15.8.

(9)      The executive secretary shall transmit copies of the board's order to the party filing the request, the person subject to the request, and other persons as the board directs.

History: 1979 AC; 2006 AACS.