Sec. 19a.01.02.06. Issuance of Opinion  


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  • A. Advice in response to an opinion request shall be provided within 60 days of receipt of the request (or more promptly if circumstances require it). Each opinion shall be committed to writing and be dated, and shall contain the names of all members of the Commission present at the meeting at which the opinion request was decided and who subscribed to the opinion. The name of any dissenter to an opinion shall be separately noted. Each advisory opinion shall be written, to the extent possible, so as to prevent disclosure of the identity of the subject of the opinion.

    B. Advisory opinions shall be filed with the Division of State Documents for publication in the Maryland Register, and mailed to the requestor, the subject, and to other interested persons, as determined in the discretion of the Commission or the Executive Director of the Commission.

    C. The opinion rendered is binding on the Commission in any subsequent investigation or complaint proceeding concerning the officer or employee or other person who sought the opinion or who was the subject of the opinion and who acted in reliance on it in good faith, unless material facts were omitted or mis-stated by the person in the request for an advisory opinion or in statements made to the Commission concerning the situation under advisement.