Sec. 19a.01.02.05. Review Procedures

A. Each advisory opinion request accepted for processing pursuant to Regulation .02 of this chapter shall be acknowledged by the Commission staff. The acknowledgement shall set forth the right of the subject to protection of his identity pursuant to General Provisions Article, §5-303, Annotated Code of Maryland, and also the right of any person to be represented by counsel in connection with any aspect of the advisory opinion review process. When the request is from a person other than the official or employee whose conduct is the subject of the request, the person who is the subject of the request shall, if his identity is ascertainable, be provided with a copy of the request and the acknowledgement letter.

B. Informal Advice.

(1) When an advisory opinion request presents facts and raises issues that have been addressed in a previously issued opinion of the Commission, the Commission staff may transmit the prior opinion as an expedited informal response to the opinion request.

(2) If the person who receives an informal response pursuant to §B(1) of this regulation believes that facts or law peculiar to the request are contrary to the existing opinion, then further formal or informal review by the Commission may be requested.

(3) When formal review is requested pursuant to §B(2) of this regulation, the Commission may, based on the available information:

(a) Schedule the request for review as set forth in §§C-E of this regulation, and Regulation .06; or

(b) Concur in the staff advice.

(4) If the staff advice provided pursuant to §B(1) of this regulation is affirmed, then it, with the prior opinion, shall be the final opinion of the Commission.

(5) The Commission may also provide informal advice when there is no prior staff advice or, when, based on the facts of the particular situation, formal advice is not required.

(6) When an informal determination is made, the procedures set forth in §§C-E of this regulation and Regulation .06 do not apply.

(7) Materials and documents relating to informal advice shall be treated as advisory opinion materials for purposes of the information provisions set forth in COMAR 19A.01.01.04.

C. The Commission staff shall review the information set forth in the request and obtain other reasonably obtainable facts which allow the Commission to evaluate the conduct or activity in relation to the substantive provisions of the Public Ethics Law.

D. Advisory opinion requests shall be considered by the Commission at a meeting conducted in accordance with COMAR 19A.01.01.03. The person whose conduct is the subject of the request shall appear at the Commission meeting considering the request unless their attendance is determined not to be necessary to resolution of the issue, and may be represented by legal counsel in connection with the appearance. The Commission may also request the attendance of the requestor or of any other person who can provide information relevant to its determination.

E. Any person directly involved in the advisory opinion request may be represented by counsel at any and all stages of the proceeding.