New Hampshire Code of Administrative Rules
Eth - Executive Branch Ethics Committee (See RSA 21-G:32 pursuant to 2006, 21:3, effective 6-2-06.)
Chapter Eth 200 - RULES OF PRACTICE AND PROCEDURE
Part Eth 217 - ADVISORY OPINIONS
Section Eth 217.01 - Requests for Advisory Opinions
Current through Register No. 40, October 3, 2024
(a) Pursuant to RSA 21-G:31-a, any executive branch official may submit a request for an advisory opinion from the committee on any matter within the committee's jurisdiction. Such requests shall be encouraged so that questions about ethical issues can be addressed before they actually arise.
(b) A request for an advisory opinion shall be submitted in writing, and shall include all material facts known to the executive branch official.
(c) The request for an advisory opinion shall be signed by the executive branch official.
(d) If the committee determines that an oral presentation or additional information from the requestor or other person might assist the committee in understanding the facts unique to the request or any public policy implicated in the request, it shall request that such person or persons address the committee or supply such additional information. The presentation to the committee shall be made in non-public session if the committee determines that any of the statutory bases set forth in RSA 91-A:3, II, has been met and not waived, and follows the process set forth in RSA 91-A:3, I and III.
(e) The committee shall discuss its contents and attempt to arrive at a decision with respect to each issue presented as soon as practicable, given the complexities of the issues presented.
(f) Once a decision has been reached, the chair shall assign a member of the committee to create a draft advisory opinion for circulation among all the committee members as soon as practicable, or request such a draft advisory opinion from department of justice legal counsel.
(g) After revising the draft advisory opinion so that at least 4 members are in agreement as to its substance and content, the committee shall issue the advisory opinion to the executive branch official who requested it. Such a full, unredacted advisory opinion shall remain confidential.
(h) No earlier than the release of the advisory opinion to the executive branch official, and once all information that could identify such executive branch official has been redacted, the committee shall release the redacted advisory opinion to the public by posting it on the department of justice's website.
