Section 2000.70  Request for Board's Position on Particular Ethical Problems

a)         Any person subject to Executive Order No. 3, 1977, who may be involved in a situation that he or she believes might appear to raise an ethical problem relating to his or her State duties, may request from the Board a determination as to whether such situation would cause the Board, under paragraph 8(f) of the Order, to recommend to the Governor any remedial action against the individual making the request.  Such procedure shall afford the opportunity for the requester to be apprised of what his or her obligations may be on the matter with respect to Board jurisdiction.  The facts set out in the request may be either actual or proposed.

b)         The request shall be signed by the requester and shall set out fully and objectively the facts of the situation in question.  The requester also may include supporting documents.

c)         All requests and all Board responses to such requests shall be in writing.  A request may be granted only on the basis of the facts stated therein.

d)         In granting a request, the Board shall state that on the basis of the facts presented, it would not propose to recommend to the Governor any remedial action against the individual as it is empowered to do under the Order.

e)         In denying a request, the Board shall state that it is unable to express a view as to whether it should make no recommendation of remedial action.  A denial may also include an explanation of such denial and any recommendations or directions to the individual that the Board deems appropriate.

f)         All such requests and responses shall be confidential as to the identity of the requester unless he or she specifies otherwise.

g)         The Board shall take no action on any denied request without first consulting the individual on the matter.

(Source:  added at 2 Ill. Reg. 27, p. 287, effective July 10, 1978)