Section 40 IAC 2-2-1 - ProcedureAuthority: IC 4-2-6-4
Affected: IC 4-2-6
Sec. 1.
(a) The commission may render formal advisory opinions IC 4-2-6 in accordance with IC 4-2-6-4(b)(1).(b) A person requesting a formal advisory opinion shall submit a written request that is signed by the person making the request. The request shall include the official position of the person making the request and disclose all material facts necessary for the commission to understand the circumstances and render a complete opinion. The request must relate to an actual set of circumstances that applies to the requesting party. An agency ethics officer may submit a request on behalf of his or her agency or an employee of the agency.(c) The person requesting the formal advisory opinion shall appear before the commission. The commission staff shall send to the person making the request notice of the date, time, and place to appear before the commission. The name of the person filing the request shall appear on the agenda of the meeting.(d) In an emergency situation, the commission chair and the state ethics director shall decide whether to add to the agenda a request that was received less than ten (10) calendar days before a commission meeting.(e) The commission shall render its opinion in a public meeting by vote of a majority of commission members present.(f) Following the commission's decision, the commission staff shall prepare a written formal advisory opinion. The commission staff shall send a copy of the formal advisory opinion to the person who requested the formal advisory opinion and to the state officer or appointing authority of the person requesting the formal advisory opinion, if any. Reliance upon a formal advisory opinion is conditioned upon the following:(1) The facts and circumstances actually exist.(2) All of the relevant facts and circumstances related to the formal advisory opinion have been disclosed to the commission.(g) A formal advisory opinion rendered by the commission is binding on the commission in any subsequent allegations concerning the person who requested the opinion and who acted on the advice given by the commission in good faith, unless the person requesting the formal advisory opinion omitted or misstated material facts in the request for the formal advisory opinion or testimony before the commission.State Ethics Commission; 40 IAC 2-2-1; filed Oct 22, 1991, 11:10 a.m.: 15 IR 204; readopted filed Aug 2, 2001, 3:15 p.m.: 24 IR 4227; readopted filed Nov 29, 2007, 11:14 a.m.: 20071226-IR-040070658RFA; readopted filed Sep 30, 2013, 1:33 p.m.: 20131030-IR-040130243RFAFiled 8/28/2019, 9:51 a.m.: 20190925-IR-040190265FRA