(a) At the request ofany person, State agency, or governmental unit affected by this Chapter, theCommission shall render advice on specific questions involving the meaning andapplication of this Chapter and that person's, State agency's, or anygovernmental unit's compliance therewith. Requests for advice and advicerendered in response to those requests shall relate to real or reasonablyanticipated fact settings or circumstances.
(a1) A request for aformal opinion under subsection (a) of this section shall be in writing,electronic or otherwise. The Commission shall issue formal advisory opinionshaving prospective application only. An individual, State agency, orgovernmental unit who relies upon the advice provided to that individual, Stateagency, or governmental unit on a specific matter addressed by a requestedformal advisory opinion shall be immune from all of the following:
(1) Investigation by theCommission.
(2) Any adverse actionby the employing entity.
(3) Investigation by theSecretary of State.
(b) Staff to theCommission may issue advice, but not formal advisory opinions, under proceduresadopted by the Commission.
(c) The Commissionshall publish its formal advisory opinions within 30 days of issuance, editedas necessary to protect the identities of the individuals requesting opinions.
(d) Except as providedunder subsections (c) and (d1) of this section, a request for advice, anyadvice provided by Commission staff, any formal advisory opinions, any supportingdocuments submitted or caused to be submitted to the Commission or Commissionstaff, and any documents prepared or collected by the Commission or theCommission staff in connection with a request for advice are confidential. Theidentity of the individual, State agency, or governmental unit making therequest for advice, the existence of the request, and any information relatedto the request may not be revealed without the consent of the requestor. Anindividual, State agency, or governmental unit who requests advice or receivesadvice, including a formal advisory opinion, may authorize the release to anyother person, the State, or any governmental unit of the request, the advice,or any supporting documents.
For purposes of this section,"document" is as defined in G.S. 120‑129. Requests for advice,any advice, and any documents related to requests for advice are not"public records" as defined in G.S. 132‑1.
(d1) Staff to theCommission may share all information and documents related to requests undersubsection (a) and (a1) of this section with staff of the Office of theSecretary of State. The information and documents in the possession of thestaff of the Office of the Secretary of State shall remain confidential and notpublic records. The Commission shall forward an unedited copy of each formaladvisory opinion under this section to the Secretary of State at the time theformal advisory opinion is issued to the requestor, and the Secretary of Stateshall treat that unedited advisory opinion as confidential and not a publicrecord.
(e) Requests foradvisory opinions may be withdrawn by the requestor at any time prior to theissuance of a formal advisory opinion. (2006‑201, s. 18; 2007‑348, s. 10; 2008‑213,s. 2(c); 2009‑570, s. 14.)
(a) At the request ofany person, State agency, or governmental unit affected by this Chapter, theCommission shall render advice on specific questions involving the meaning andapplication of this Chapter and that person's, State agency's, or anygovernmental unit's compliance therewith. Requests for advice and advicerendered in response to those requests shall relate to real or reasonablyanticipated fact settings or circumstances.
(a1) A request for aformal opinion under subsection (a) of this section shall be in writing,electronic or otherwise. The Commission shall issue formal advisory opinionshaving prospective application only. An individual, State agency, orgovernmental unit who relies upon the advice provided to that individual, Stateagency, or governmental unit on a specific matter addressed by a requestedformal advisory opinion shall be immune from all of the following:
(1) Investigation by theCommission.
(2) Any adverse actionby the employing entity.
(3) Investigation by theSecretary of State.
(b) Staff to theCommission may issue advice, but not formal advisory opinions, under proceduresadopted by the Commission.
(c) The Commissionshall publish its formal advisory opinions within 30 days of issuance, editedas necessary to protect the identities of the individuals requesting opinions.
(d) Except as providedunder subsections (c) and (d1) of this section, a request for advice, anyadvice provided by Commission staff, any formal advisory opinions, any supportingdocuments submitted or caused to be submitted to the Commission or Commissionstaff, and any documents prepared or collected by the Commission or theCommission staff in connection with a request for advice are confidential. Theidentity of the individual, State agency, or governmental unit making therequest for advice, the existence of the request, and any information relatedto the request may not be revealed without the consent of the requestor. Anindividual, State agency, or governmental unit who requests advice or receivesadvice, including a formal advisory opinion, may authorize the release to anyother person, the State, or any governmental unit of the request, the advice,or any supporting documents.
For purposes of this section,"document" is as defined in G.S. 120‑129. Requests for advice,any advice, and any documents related to requests for advice are not"public records" as defined in G.S. 132‑1.
(d1) Staff to theCommission may share all information and documents related to requests undersubsection (a) and (a1) of this section with staff of the Office of theSecretary of State. The information and documents in the possession of thestaff of the Office of the Secretary of State shall remain confidential and notpublic records. The Commission shall forward an unedited copy of each formaladvisory opinion under this section to the Secretary of State at the time theformal advisory opinion is issued to the requestor, and the Secretary of Stateshall treat that unedited advisory opinion as confidential and not a publicrecord.
(e) Requests foradvisory opinions may be withdrawn by the requestor at any time prior to theissuance of a formal advisory opinion. (2006‑201, s. 18; 2007‑348, s. 10; 2008‑213,s. 2(c); 2009‑570, s. 14.)
(a) At the request ofany person, State agency, or governmental unit affected by this Chapter, theCommission shall render advice on specific questions involving the meaning andapplication of this Chapter and that person's, State agency's, or anygovernmental unit's compliance therewith. Requests for advice and advicerendered in response to those requests shall relate to real or reasonablyanticipated fact settings or circumstances.
(a1) A request for aformal opinion under subsection (a) of this section shall be in writing,electronic or otherwise. The Commission shall issue formal advisory opinionshaving prospective application only. An individual, State agency, orgovernmental unit who relies upon the advice provided to that individual, Stateagency, or governmental unit on a specific matter addressed by a requestedformal advisory opinion shall be immune from all of the following:
(1) Investigation by theCommission.
(2) Any adverse actionby the employing entity.
(3) Investigation by theSecretary of State.
(b) Staff to theCommission may issue advice, but not formal advisory opinions, under proceduresadopted by the Commission.
(c) The Commissionshall publish its formal advisory opinions within 30 days of issuance, editedas necessary to protect the identities of the individuals requesting opinions.
(d) Except as providedunder subsections (c) and (d1) of this section, a request for advice, anyadvice provided by Commission staff, any formal advisory opinions, any supportingdocuments submitted or caused to be submitted to the Commission or Commissionstaff, and any documents prepared or collected by the Commission or theCommission staff in connection with a request for advice are confidential. Theidentity of the individual, State agency, or governmental unit making therequest for advice, the existence of the request, and any information relatedto the request may not be revealed without the consent of the requestor. Anindividual, State agency, or governmental unit who requests advice or receivesadvice, including a formal advisory opinion, may authorize the release to anyother person, the State, or any governmental unit of the request, the advice,or any supporting documents.
For purposes of this section,"document" is as defined in G.S. 120‑129. Requests for advice,any advice, and any documents related to requests for advice are not"public records" as defined in G.S. 132‑1.
(d1) Staff to theCommission may share all information and documents related to requests undersubsection (a) and (a1) of this section with staff of the Office of theSecretary of State. The information and documents in the possession of thestaff of the Office of the Secretary of State shall remain confidential and notpublic records. The Commission shall forward an unedited copy of each formaladvisory opinion under this section to the Secretary of State at the time theformal advisory opinion is issued to the requestor, and the Secretary of Stateshall treat that unedited advisory opinion as confidential and not a publicrecord.
(e) Requests foradvisory opinions may be withdrawn by the requestor at any time prior to theissuance of a formal advisory opinion. (2006‑201, s. 18; 2007‑348, s. 10; 2008‑213,s. 2(c); 2009‑570, s. 14.)
