Section 40IAC2-2-1. Procedure

   (a) The commission may render advisory opinions with respect to the interpretation and applicability of IC 4-2-6, this title, and any other statute or rule governing official conduct of state officers or employees.

  (b) An advisory opinion may be requested by any state officer, employee, former state officer or employee, person who has or had a business relationship with an agency, commission member, or commission employee.

  (c) Requests for opinions shall be in writing and signed by the person making the request and shall be designated an inquiry. The inquiry shall state the official status of the person making the request and shall state all material facts necessary for the commission to understand the circumstances and render a complete opinion. The request must relate to a real set of circumstances. Upon receipt of a letter of inquiry, the commission shall send an informational copy to the relevant state officer or appointing authority, if any.

  (d) The person requesting the advisory opinion shall receive notice from the staff of the time and place to appear before the commission. The name of the person filing the inquiry shall appear on the agenda of the meeting.

  (e) In an emergency situation, the chairman and the director shall decide whether to add to the agenda a request which was received less than seven (7) days before a meeting of the commission.

  (f) The director shall mail a copy of the letter of inquiry to the commission members approximately seven (7) days before the commission's meeting. The person requesting the opinion shall be asked to appear before the commission at its meeting to answer questions. The commission shall decide in public meeting by vote of a majority of commission members present.

  (g) Following the commission's decision, the commission staff shall prepare a written advisory opinion. A copy shall be mailed to the person requesting an opinion. A copy of the opinion shall be sent to the state officer or appointing authority, if any. The advisory opinion is conditioned upon the following:

(1) The facts and circumstances actually exist.

(2) All of the relevant facts and circumstances related to the opinion have been disclosed to the commission.

  (h) Any opinion rendered by the commission, until amended or revoked, is binding on the commission in any subsequent allegations concerning the person who requested the opinion and who acted on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion or testimony before the commission. (State Ethics Commission; 40 IAC 2-2-1; filed Oct 22, 1991, 11:10 a.m.: 15 IR 204; readopted filed Aug 2, 2001, 3:15 p.m.: 24 IR 4227; readopted filed Nov 29, 2007, 11:14 a.m.: 20071226-IR-040070658RFA; readopted filed Sep 30, 2013, 1:33 p.m.: 20131030-IR-040130243RFA)