Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 3 - RULES GOVERNING THE CONDUCT OF LICENSING HEARINGS
Section 096-3-6 - Ex-parte Communications
Current through 2024-13, March 27, 2024
A. Communication Prohibited. For hearings conducted by the Commissioner, neither the Commissioner nor the Presiding Officer may communicate directly or indirectly in connection with any issue of fact, law, or procedure regarding the matter, with any party or other person legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate. For hearings conducted by the Board, no Board member participating in the proceeding may communicate directly or indirectly in connection with any issue of fact, law, or procedure regarding the matter, with any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate.
B. Communication Permitted. This section does not prohibit the Presiding Officer, Commissioner or Board members from communicating in any respect with or receiving the aid or advice of Department staff, counsel, or consultants retained by the Department who have not participated and will not participate in the licensing proceeding in an advocate capacity.
