Ex Parte Communications
An ex parte communication is an oral or written communication to a Board member or Board Agent concerning a fact at issue in any matter before the Board or Board Agent that is not made in the presence of all parties.
If a Board member or Board Agent receives an ex parte communication during the pendency of a matter, the Board member or Board Agent shall:
Give all parties notice of the substance of the communication, if oral, or a copy of the communication, if written; and
Provide any party that did not make the ex parte communication with an opportunity to respond to the ex parte communication.
The mere noting of such ex parte communications in the record will not be considered evidence of the facts in dispute unless otherwise agreed by all parties to the case. The Board or Board Agent shall rely only on the admissible evidence of record in determining the merits of any disputed issue in a case.
This rule shall not apply to mediation communications. This rule shall also not apply to matters presented or obtained during preliminary investigation of the petition, complaint, objections, or challenge, made by Board Agents before the service of the notice of hearing in a case, and shall not apply to requests for subpoenas.