(a) Appointment of the Standards and Advisory Opinions Committee. The Commission’s chair shall appoint a standing committee on standards and advisory opinions to address the matters listed in subsection (b) of this rule. (b) Matters to Be Considered by the Standards and Advisory Opinions Committee. The Standards and Advisory Opinions Committee shall review and consider the following: 8 TOC Rule 8 (1) (2) Proposals for amending the Standards of Professional Conduct for Mediators, the Commission’s Advisory Opinion Policy, or the Commission’s Advertising Policy. Requests from Commission staff for assistance in responding to inquiries from mediators and the public as to the interpretation of statutes, rules, the Standards of Professional Conduct for Mediators, advisory opinions, policies, or guidelines of the Commission. (3) Drafts and proposals of advisory opinions for adoption by the Commission under the Commission’s Advisory Opinion Policy. (4) Matters that relate to mediator advertising, including review of advertisements or related materials for consistency with the Commission’s Advertising Policy. (5) Matters that interface with the North Carolina State Bar or other professional regulatory body regarding inconsistencies and/or conflicts between these rules and/or policies and the rules and/or policies of those entities. (c) Initial Commission Staff Review. (1) Commission staff may respond in writing to requests for assistance from mediators and the public under subsection (b)(2) of this rule, or may respond orally if time is of the essence. Staff shall consult with the chair of the Standards and Advisory Opinions Committee as necessary to ensure correct and consistent responses. Written requests for formal advisory opinions shall be referred to the chair of the committee in compliance with the procedures established by the committee. The referral procedures shall ensure that the case file number, the names of parties, and other identifying information are redacted so that any decision cannot be influenced by the information. (2) All requests for informal advice shall be logged by Commission staff, and the requesting party’s confidentiality shall be maintained unless the requesting party indicates otherwise. (d) Review by the Standards and Advisory Opinions Committee. (1) If the chair of the Standards and Advisory Opinions Committee determines that a Commission advisory opinion is warranted under subsection (c) of this rule, then the matter shall be considered by the committee. If the committee concurs, then a proposed advisory opinion shall be drafted, approved by the committee, and submitted its to consideration. the Commission for 9 TOC Rule 8 (2) If the chair of the Standards and Advisory Opinions Committee determines that a formal Commission advisory opinion is not warranted under subsection (c) of this rule, then the requesting party shall be advised in writing and provided with informal advice, if requested. History Note. 373 N.C. 606.
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