New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 8 - STATE ETHICS COMMISSION
Part 1 - GENERAL PROVISIONS
Section 1.8.1.9 - ADVISORY OPINIONS AND INFORMAL ADVISORY OPINIONS
Universal Citation: 1 NM Admin Code 1.8.1.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. Advisory opinions. The commission may issue advisory opinions on matters related to ethics upon request.
(1) A request for an advisory opinion
must be in writing, and must be submitted by a public official, public
employee, candidate, person subject to the Campaign Reporting Act, government
contractor, lobbyist or lobbyist's employer. The request is confidential and
not subject to the provisions of the Inspection of Public Records
Act.
(2) Upon receiving a request
for an advisory opinion, the director or the director's designee:
(a) must provide the requester with a written
confirmation of receipt; and
(b)
may ask the requester if the requester would prefer to receive an informal
advisory opinion.
(3)
Within sixty days of receiving a request for an advisory opinion, the
commission must either:
(a) issue an advisory
opinion;
(b) inform the requester
that the commission will not be issuing an advisory opinion and provide an
explanation for the commission's decision; or
(c) inform the requester that the commission
requires more than sixty days to issue an advisory opinion, and notifies the
requester about the status of the request every thirty days
thereafter.
(4) Unless
amended or revoked, an advisory opinion shall be binding on the commission in
any subsequent commission proceedings concerning a person who acted in good
faith and in reasonable reliance on the advisory opinion.
(5) At the request of any commissioner, the
director or the director's designee shall draft an advisory opinion based on
any legal determination issued by the director, the general counsel, or a
hearing officer for the commission to consider for issuance as an advisory
opinion.
B. Informal advisory opinions. A person may submit the request for an informal advisory opinion to the director or general counsel, who may answer the request.
(1) A request for an informal
advisory opinion must be in writing, and must be submitted by a public
official, public employee, candidate, person subject to the Campaign Reporting
Act or the Governmental Conduct Act, government contractor, lobbyist or
lobbyist's employer. The request is confidential and not subject to the
provisions of the Inspection of Public Records Act.
(2) An informal advisory opinion is specific
to the person who requests the advice and the facts presented in the
request.
(3) An informal advisory
opinion is not binding on the commission unless and until the commission votes
to adopt the informal advisory opinion as an advisory opinion. The director,
based on any informal advisory opinion issued, may draft an advisory opinion
for the commission to consider for issuance as an advisory opinion.
(4) If the commission determines that a
person committed a violation after reasonably relying on an informal advisory
opinion and the violation is directly related to the informal advisory opinion,
the commission may consider that the person acted in good faith.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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