(1) The Oregon
Government Ethics Commission may, upon the written request of any person, or
upon its own motion, issue opinions on the requirements of ORS Chapter 244, and
ORS
171.725 to
171.785.
(2) The Oregon Government Ethics Commission
will issue an Advisory Opinion based on real or hypothetical facts or
circumstances but not upon actual events that have already occurred.
(3) The Oregon Government Ethics Commission
shall issue an Advisory Opinion only after approval from a majority of
Commissioners at a regular meeting of the Commission.
(4) An Advisory Opinion shall contain:
(a) A short and plain statement of the real
or hypothetical facts or circumstances on which it is based;
(b) Relevant statutes;
(c) A short and plain statement of the
question presented;
(d) A short and
plain statement of the opinion of the Commission based on the real or
hypothetical facts in answer to the question. The opinion of the Commission may
cite relevant statutes of the State of Oregon, opinions of the Oregon appellate
courts, opinions of the Attorney General of Oregon, and previous opinions of
the Oregon Government Ethics Commission;
(e) A typed notice in uppercase letters not
less than 10 point that states the following:
"THIS OPINION IS ISSUED BY THE OREGON GOVERNMENT ETHICS
COMMISSION PURSUANT TO (INSERT ORS
171.776 OR ORS
244.280).
EXCEPT AS OTHERWISE PROVIDED IN (INSERT CHAPTER 244 OR ORS
171.725 TO
171.785),
THE COMMISSION MAY NOT IMPOSE A PENALTY UNDER ORS
244.350 OR
244.360 FOR ANY GOOD FAITH ACTION OR TRANSACTION TAKEN IN RELIANCE ON THIS ADVISORY
OPINION.THIS OPINION IS LIMITED TO THE FACTS SET FORTH HEREIN. OTHER LAWS OR
REGULATIONS NOT WITHIN THE JURISDICTION OF THE COMMISSION MAY ALSO
APPLY."
(5) All
draft Advisory Opinions shall be reviewed and signed by the Commission's legal
counsel before being submitted to the Commission for adoption.
(6) When issued, an Advisory Opinion shall be
assigned a sequential number. Thereafter, the Opinion may be cited as "Oregon
Government Ethics Commission Advisory Opinion No. ______".
(7) An Advisory Opinion of the Oregon
Government Ethics Commission shall have precedential effect. A person shall not
be liable under ORS Chapter 244 or under 171.725 to 171.785 for any good faith
action or transaction carried out according to an Advisory Opinion of the
Oregon Government Ethics Commission.
(8) In addition to an Advisory Opinion of the
Oregon Government Ethics Commission, the Director may issue informal written
opinions of the staff on actual or hypothetical facts or circumstances when
requested by any person. The informal written opinion of the Director shall
have no precedential effect and the Oregon Government Ethics Commission shall
not be bound by any informal written opinion of the Director. The opinion of
the Director shall be clearly labeled as such and that it is not issued under
authority of the Commission, but is only the informal opinion of the Director.
At the next regular meeting of the Commission, all informal written opinions of
the Director shall be reported to the Commission and the Commission on its own
motion may thereafter issue an Advisory Opinion of the Commission on the same
facts or circumstances.
(9) The
issuance of an advisory opinion by the Oregon Government Ethics Commission is
at its discretion and the failure of the Commission to issue an Advisory
Opinion shall have no precedential effect.
Notes
Or. Admin. R.
199-001-0030
EC 1-1993, f. & cert.
ef. 4-22-93; GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99; GEC 4-2010, f. &
cert. ef. 8-4-10;
GEC
1-2016, f. & cert. ef.
6/1/2016;
GEC
15-2021, amend filed 12/07/2021, effective
12/30/2021
Statutory/Other Authority: ORS
244.290,
171.776
Statutes/Other Implemented: ORS
244.280(3),
244.282,
244.284
