Agenda Packets - 1989/02/06 - Laserfiche WebLink

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12/29/88 (REVISOR I XX/MC 89-0652 • 1 appointing or employing such a person or considering doing so, 2 the board within 30 days shall issue an advisory opinion on the 3 requirements and applications of this chapter. If a request is 4 in writing, the board shall issue a written advisory opinion. A 5 written advisory opinion issued by the board is a defense in a 6 criminal action involving the subject matter of the opinion 7 brought against the person making or covered by the request and 8 is binding on the board in any subsequent proceeding concerning 9 the person unless: 10 (1) the board has amended or revoked the opinion before the 11 initiation of the criminal action or board proceeding, has 12 notified the person making or covered by the request of its 13 action, and has allowed at least 30 days for the person to do 14 anything that might be necessary to comply with the amended or 15 revoked opinion; 16 /2 the request has omitted or misstated material facts; or i7 (3) the person making or covered by the -eguest has not 18 acted in goou faith in reliance on the opinion. . 19 rb) A request for an opinion and the opinion itself are 20 nonpublic data The board, however, may publish an opinion or a 21 summary of an opinion, but may noL include in the publication 22 the name of the requester, the name of a person covered by a 23 request from a governmental unit or any other information that 24 might id?ntify the perscn or unit unless the person consents to 25 the inclusion. 26 Sec. 4. (108.041 [ENFORCEMENT.1 Y7 Subdivision I. (INITIATION OF ACTION.] The board shall 28 initiate ar action to enforce this chLpter upon complaint of an 29 alleged violatlon from an individual organization, or 30 governmental unit or upon becoming aware, on its own, 31 apparent or potential violation. For urposes of this 32 subdivision, the board is assumed to be aware of an apparent or 33 potential violation if the circumstances of the violation have 34 been reported by a news medium or have been widely enough 35 discussed by the public throughout the state to be considered 36 generally known to a reasonably well-informed citizen.