(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. Code
§
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
