Section 281A.370 - Stay, continuance or dismissal of request for advisory opinion if related litigation or ethics complaint filed; rendering and effect of oral advisory opinion1. The Commission may, by order, stay, continue or dismiss a request for an advisory opinion if the Commission receives information confirmed by the Executive Director that litigation or an ethics complaint has been filed related to some or all of the same issues presented in the request for an advisory opinion.2. Except as otherwise provided in subsection 1 and NAC 281A.353 and 281A.355, within 45 days after receipt of a request for an advisory opinion, the Commission will: (a) Render an oral opinion regarding the request for an advisory opinion; and(b) Direct the Executive Director or Commission Counsel to communicate the oral opinion rendered by the Commission to the subject who filed the request for an advisory opinion.3. If the Commission renders an oral opinion after taking the matter under submission without holding an advisory-opinion hearing on the matter, the oral opinion will be based on:(a) The information submitted by the subject with the request for an advisory opinion;(b) Any information submitted by the subject after the Commission received the request for an advisory opinion;(c) Any publicly available information obtained by the Executive Director or Commission Counsel relating to the request for an advisory opinion; and(d) Any proposed findings of fact coordinated between the Executive Director or Commission Counsel and the subject.4. If the Commission renders an oral opinion after holding an advisory-opinion hearing on the matter, the oral opinion will be based on:(a) The information submitted by the subject with the request for an advisory opinion;(b) Any information submitted by the subject after the Commission received the request for an advisory opinion;(c) Any publicly available information obtained by the Executive Director or Commission Counsel relating to the request for an advisory opinion;(d) Any proposed findings of fact coordinated between the Executive Director or Commission Counsel and the subject; and(e) Any additional evidence or information requested by or presented to the Commission during the hearing, including, without limitation, any documentary or testimonial evidence provided by the subject or any witness.5. An oral opinion rendered by the Commission pursuant to this section:(a) Constitutes the advisory opinion rendered by the Commission pursuant to NRS 281A.680; and(b) May be issued as a written advisory opinion pursuant to section 17 of this regulation.Nev. Admin. Code § 281A.370
Added to NAC by Comm'n on Ethics by R108-18AP, eff. 8/30/2018