Ex Parte Communications
(1)An ex parte communication is:
(a)An oral or written communication;
(b)By a party, a party’s representative or legal advisor, any other person who has a direct or indirect interest in the outcome of the proceeding, any other person with personal knowledge of the facts relevant to the proceeding, or any offer, employee or agent of the agency;
(c)That relates to a legal or factual issue in the contested case proceeding;
(d)Made directly or indirectly to the administrative law judge;
(e)While the contested case proceeding is pending;
(f)That is made without notice and opportunity for the agency and all parties to participate in the communication.
(2)If an agency decision maker or administrative law judge receives an ex parte communication during the pendency of the proceeding, the administrative law judge shall place in the record:
(a)The name of each individual from whom the administrative law judge received an ex parte communication;
(b)A copy of any ex parte written communication received by the administrative law judge;
(c)A memorandum reflecting the substance of any ex parte oral communication made to the administrative law judge;
(d)A copy of any written response made by the administrative law judge to any ex parte oral or written communication; and
(e)A memorandum reflecting the substance of any oral response made by the administrative law judge to any ex parte oral or written communication.
(3)The provisions of this rule do not apply to:
(a)Communications made to an administrative law judge by other administrative law judges;
(b)Communications made to an administrative law judge by any person employed by the Office of Administrative Hearings to assist the administrative law judge.
Rule 165-001-0045 — Ex Parte Communications,