4 Neb. Admin. Code, ch. 1, § (5)

Current through June 17, 2024
Section 4-1-(5) - ADVISORY OPINIONS
(a) REQUEST-FORM-PROCEDURE: Request for official advisory opinions pursuant to the provisions of section 49-14,100 or section 49-14,123(10) shall be in writing and shall state the name and address of the person or governing body making the request, how that person or governing body is directly covered or affected by the Act, the question upon which the Commission is to render such opinion, the facts giving rise to such question, and the nature of the opinion sought, including authorities relied upon for such conclusion. The staff may respond to such request by issuing a recommended advisory opinion and notifying the person seeking the same by ordinary United States mail as to when and where the person or governing body requesting the opinion may be heard by the Commission. The Commission by majority vote of at least five members may adopt the same as an official advisory opinion or by resolution provide otherwise, and notice by ordinary United States mail shall be given to such person or governing body of the action of the Commission. The Commission may continue the matter to a fixed time and place and from time to time.
(b) GRIEVANCE WITH ADVISORY OPINION: Any person or governing body aggrieved by an official advisory opinion issued by the Commission may file a petition for declaratory ruling pursuant to the provisions of 1-(4).
(c) CONFLICTS OF INTEREST: Advisory opinions with respect to conflicts of interest sought pursuant to section 49-14,100 shall be governed by the same rules and procedures as are provided for advisory opinions pursuant to section 49-14,123(10), except that a person seeking such an advisory opinion must also set forth in his or her request the nature of the doubt as to the propriety of the action he proposes to take. In addition the Commission may treat the filing of a Potential Conflict of Interest Statement on the form prescribed by the Commission as a request for an advisory opinion as to the steps the Commission shall prescribe or advise pursuant to section 49-1499(2) for an individual with no immediate superior to take to remove himself or herself from influence over actions and decisions on a matter requiring action and giving rise to a potential conflict on interest.
(d) NON-ISSUANCE: The Commission and staff are not bound to respond to a request or to issue an advisory opinion but refusal or failure to issue an advisory opinion shall in no way prejudice proceedings by the party requesting the same pursuant to the other provisions of this rule.

4 Neb. Admin. Code, ch. 1, § (5)