W. Va. Code R. § 158-13-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 158-13-5 - Advisory Opinions

5.1. The chairman of the West Virginia Ethics Commission shall appoint from the membership of the commission a committee of three persons designated as the West Virginia Ethics Commission Committee on Standards of Conduct for Administrative Law Judges. The chairman shall designate one of the persons to chair the committee. In addition to the three members of the committee, two additional members of the commission shall be designated to serve as alternate members of the committee.

5.2. In appointing the committee, the chairman of the commission shall not appoint all members of the same political affiliation.

5.3. Any person whose conduct is governed by the provisions of this code of conduct may make application for an advisory opinion from the commission's Committee on Standards of Conduct for Administrative Law Judges. All applications for advisory opinions shall be in writing and be directed to the committee at 1207 Quarrier Street, Suite 407, Charleston, West Virginia 25301.

5.4. All applications for advisory opinions must contain the name, address and telephone number of the requester in the event additional information is needed.

5.5. All applications for advisory opinions should fully describe the applicant's official position, employment, or status under this rule.

5.6. All applications for advisory opinions should contain an explanation or paragraph summarizing the conduct for which the application is being made.

5.7. The committee shall respond in writing and in an expeditious manner to a request for an advisory opinion.

5.8. All advisory opinions issued pursuant to this rule will be submitted to the Secretary of State for publication and indexing in the Code of State Rules.

5.9. Before an advisory opinion is made public, any material which may identify the person who is the subject of the opinion, shall to the fullest extent possible, be deleted and the identity of the person shall not be revealed.

5.10. A person subject to the provisions of this rule may rely upon an advisory opinion of the committee, and any person acting in good faith reliance on any such opinion shall be immune from the sanctions provided in this rule.

W. Va. Code R. § 158-13-5