Rule 8. The Standards and Advisory Opinions Committee

(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:

(1)

Proposals for amending the Standards of Professional Conduct for

Mediators, the Commission’s Advisory Opinion Policy, or the

Commission’s Advertising Policy.

(2)

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

he 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

to

the

Commission

for

its

consideration.

(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.