Nev. Admin. Code § 281A.370 - Stay, continuance or dismissal of request for advisory opinion if related litigation or ethics complaint filed; rendering and effect of oral advisory opinion
1. The Commission
may, by order, stay, continue or dismiss a request for an advisory opinion if
the Commission receives information confirmed by the Executive Director that
litigation or an ethics complaint has been filed related to some or all of the
same issues presented in the request for an advisory opinion.
2. Except as otherwise provided in subsection
1 and NAC
281A.353 and
281A.355, within 45 days after
receipt of a request for an advisory opinion, the Commission will:
(a) Render an oral opinion regarding the
request for an advisory opinion; and
(b) Direct the Executive Director or
Commission Counsel to communicate the oral opinion rendered by the Commission
to the subject who filed the request for an advisory
opinion.
3. If the
Commission renders an oral opinion after taking the matter under submission
without holding an advisory-opinion hearing on the matter, the oral opinion
will be based on:
(a) The information
submitted by the subject with the request for an advisory opinion;
(b) Any information submitted by the subject
after the Commission received the request for an advisory opinion;
(c) Any publicly available information
obtained by the Executive Director or Commission Counsel relating to the
request for an advisory opinion; and
(d) Any proposed findings of fact coordinated
between the Executive Director or Commission Counsel and the subject.
4. If the Commission renders an
oral opinion after holding an advisory-opinion hearing on the matter, the oral
opinion will be based on:
(a) The information
submitted by the subject with the request for an advisory opinion;
(b) Any information submitted by the subject
after the Commission received the request for an advisory opinion;
(c) Any publicly available information
obtained by the Executive Director or Commission Counsel relating to the
request for an advisory opinion;
(d) Any proposed findings of fact coordinated
between the Executive Director or Commission Counsel and the subject;
and
(e) Any additional evidence or
information requested by or presented to the Commission during the hearing,
including, without limitation, any documentary or testimonial evidence provided
by the subject or any witness.
5. An oral opinion rendered by the Commission
pursuant to this section:
(a) Constitutes the
advisory opinion rendered by the Commission pursuant to NRS 281A.680;
and
(b) May be issued as a written
advisory opinion pursuant to section 17 of this regulation.
Notes
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