Nev. Admin. Code § 281A.375 - Written advisory opinion; abstract
1. The Commission:
(a) Will direct the Commission Counsel to
prepare a written advisory opinion for an opinion rendered by the Commission
pursuant to NAC 281A.370 in a matter that constitutes a contested case under
chapter 233B of NRS or for which the Commission deems a written advisory
opinion is necessary or appropriate. A written advisory opinion prepared and
issued in a matter that constitutes a contested case under chapter 233B of NRS
is a final decision for the purposes of judicial review.
(b) May direct the Commission Counsel to
prepare a written advisory opinion for an opinion rendered by the Commission
pursuant to NAC 281A.370 upon the written request of the subject who filed the
request for an advisory opinion.
(c) May direct the Commission Counsel to
prepare an abstract if the materials in the matter are confidential pursuant to
subsection 1 of NRS 281A.685.
2. A written advisory opinion or abstract
prepared pursuant to this section must:
(a)
State each question for which the subject sought guidance concerning the
interpretation of a statutory ethical standard or any relevant circumstances in
the matter that did or did not justify relief from the strict application of
NRS 281A.410, 281A.430 or 281A.550, as applicable, and the determination of the
Commission relating thereto;
(b)
Include a reference to any published opinions issued by the Commission,
including, without limitation, any published abstract, that the Commission
deems relevant to the request for an advisory opinion; and
(c) Include findings of fact, conclusions of
law and specific guidance provided by the Commission to the subject who filed
the request for an advisory opinion concerning the interpretation of the
statutory ethical standard or any circumstances regarding which the Commission
determined did or did not justify relief from the strict application of NRS 281A.410, 281A.430 or 281A.550, as applicable.
3. The Commission will review any written
advisory opinion prepared by the Commission Counsel pursuant to this section
and, upon its approval of the written advisory opinion, direct the Commission
Counsel to issue the written advisory opinion to the subject who filed the
request for an advisory opinion.
4.
Each written advisory opinion and abstract must be:
(a) Numbered and dated; and
(b) Signed by the Commission.
5. The Commission will publish a
copy of each written advisory opinion which is not confidential and each
abstract which is prepared by the Commission Counsel at the direction of the
Commission on the Internet website of the Commission at
http://ethics.nv.gov.
6. As used in this section, "abstract" means
a version of a confidential written advisory opinion that has been redacted or
amended to keep the identity of the subject who filed the request for an
advisory opinion confidential.
Notes
NRS 281A.290
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