Section 1-92-39 - Procedure after petition for advisory opinion filed(a)Notice to persons. The Citizen's Ethics Advisory Board may give notice to any person that such an advisory opinion has been requested and may receive and consider facts, arguments and opinions from persons other than the petitioner. In all cases, within thirty days the legal division of the Office of State Ethics acting on behalf of the Citizen's Ethics Advisory Board will give notice to the subject of the request, if the subject is not the petitioner (e.g., when a department head requests an advisory opinion regarding an employee of the department), and to any other person to whom notice is required by law. Additionally, whenever the subject of the request is a public official or state employee, the legal division of the Office of State Ethics acting on behalf of the Citizen's Ethics Advisory Board will, within thirty days, give notice of the petition to the official's or employee's department, agency, board, or commission.
(b)Decision on petition, ruling granted. If the Citizen's Ethics Advisory Board determines to render an advisory opinion, within sixty days it shall: (1) issue the opinion; (2) order the matter set for a hearing; or (3) agree to issue the opinion by a specified date.(c)Provision for hearing. If the Citizen's Ethics Advisory Board deems a hearing necessary or helpful in determining any issue concerning the request for an advisory opinion, the Citizen's Ethics Advisory Board may schedule such hearing and give such notice thereof as is appropriate.(d)Decision on petition, ruling denied. If the Citizen's Ethics Advisory Board determines that an advisory opinion will not be rendered, the Citizen's Ethics Advisory Board will, within sixty days, after the filing of the petition either state the reasons for its denial or initiate regulation-making proceedings on the subject. If the Citizen's Ethics Advisory Board fails to issue an advisory opinion within one hundred eighty days after the filing of the petition, or within such longer period as may be agreed to by the parties, the Citizen's Ethics Advisory Board will be deemed to have decided not to issue a ruling.(e) A copy of all rulings issued and any actions taken under subsections (b) and (d) of this section shall be promptly delivered to the petitioner and other parties personally or by United States mail, certified or registered, postage prepaid, return receipt requested. Additionally, copies will be sent to the petitioner's attorney, if applicable, and to any other person who has filed with the Office of State Ethics a written request for a copy.(f) Advisory opinions are "final decisions" of the Citizen's Ethics Advisory Board for purposes of sections 1-87 and 1-98 of the Connecticut General Statutes. Reconsideration of the advisory opinion may be, but need not be, requested of the Citizen's Ethics Advisory Board prior to an appeal.Conn. Agencies Regs. § 1-92-39
Effective June 16, 1993; Amended January 2, 2008; amended 5/11/2023