1.    In response to a request from a public official, candidate for elected office, or lobbyist, the ethics commission may provide a written advisory opinion regarding the application of the following to specified hypothetical facts or prospective conduct:

Terms Used In North Dakota Code 54-66-04.2

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

a.    Article XIV of the Constitution of North Dakota; or

b.    State statutes and ethics commission rules related to transparency, corruption, elections, and lobbying.

2.    Within fourteen days after receiving a request for a written advisory opinion, the ethics commission shall notify the requester whether the commission will provide an opinion.

3.    Within ninety days after notifying a requester a written advisory opinion will be provided, the ethics commission shall issue the opinion.

4.    Criminal and civil penalties may not be imposed upon an individual for an action taken in accordance with an opinion issued under this section if:

a.    The individual acts in good faith; and

b.    The material facts surrounding the action taken are substantially the same as the conduct presented in the opinion.

5.    Opinions and requests for opinions under this section are open records, except names of persons in the opinions and requests are exempt records.

6.    The ethics commission shall publish all written advisory opinions issued under this section on a website that is accessible to the public.

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