Section 281A.375 - Written advisory opinion; abstract1. 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.Nev. Admin. Code § 281A.375
Added to NAC by Comm'n on Ethics by R108-18AP, eff. 8/30/2018; A by R136-23A, eff. 6/5/2024