N.H. Admin. Code § Eth 217.01 - Requests for Advisory Opinions
(a) Pursuant to
RSA
21-G:31-a, any executive branch official may
submit a request for an advisory opinion from the committee on any matter
within the committee's jurisdiction. Such requests shall be encouraged so that
questions about ethical issues can be addressed before they actually
arise.
(b) A request for an
advisory opinion shall be submitted in writing, and shall include all material
facts known to the executive branch official.
(c) The request for an advisory opinion shall
be signed by the executive branch official.
(d) If the committee determines that an oral
presentation or additional information from the requestor or other person might
assist the committee in understanding the facts unique to the request or any
public policy implicated in the request, it shall request that such person or
persons address the committee or supply such additional information. The
presentation to the committee shall be made in non-public session if the
committee determines that any of the statutory bases set forth in
RSA 91-A:3,
II, has been met and not waived, and follows
the process set forth in
RSA 91-A:3, I and
III.
(e) The committee shall discuss its contents
and attempt to arrive at a decision with respect to each issue presented as
soon as practicable, given the complexities of the issues presented.
(f) Once a decision has been reached, the
chair shall assign a member of the committee to create a draft advisory opinion
for circulation among all the committee members as soon as practicable, or
request such a draft advisory opinion from department of justice legal
counsel.
(g) After revising the
draft advisory opinion so that at least 4 members are in agreement as to its
substance and content, the committee shall issue the advisory opinion to the
executive branch official who requested it. Such a full, unredacted advisory
opinion shall remain confidential.
(h) No earlier than the release of the
advisory opinion to the executive branch official, and once all information
that could identify such executive branch official has been redacted, the
committee shall release the redacted advisory opinion to the public by posting
it on the department of justice's website.
Notes
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