Current through March 20, 2024
009.01 Prohibition; when applicable
The prohibitions found in this section shall apply beginning
at the time notice for hearing is given. An agency may designate an earlier
time, but such earlier time shall be required to be set forth in the agency's
rules of procedure.
009.02
Prohibitions to whom applicable
009.02(a)
Parties and public. No party in a contested case or other person outside the
agency having an interest in the contested case shall make or knowingly cause
to be made an ex parte communication to the hearing officer or to the Director
or employee who is or may be reasonably expected to be involved in the
decision-making process of the contested case.
009.02(b) Persons in decisionmaking roles. No
hearing officer or the director or employee who is or may be reasonably be
expected to be involved in the decision-making process of the contested case
shall make or knowingly cause to be made an ex parte communication to any party
in a contested case or other person outside the agency having an interest in
the contested case.
009.02(c)
Investigators. No agency head or employee engaged in the investigation or
enforcement of a contested case shall make or knowingly cause to be made an ex
parte communication to a hearing officer or agency head or employee who is or
may reasonably be expected to be involved in the decisionmaking process of the
contested case.
009.03
Disclosure of contacts
The hearing officer or agency head or employee who is or may
be reasonably expected to be involved in the decisionmaking process of the
contested case who receives or who makes or knowingly causes to be made an ex
parte communication set forth in subsections 009.01 to 009.003 shall file in
the record of the contested case:
009.03(a) All such written
communications;
009.03(b) Memoranda
stating the substance of all such oral communications; and
009.03(c) All written responses and memoranda
stating the substance of all oral responses to all the ex parte
communications.
009.03(d) The
filing shall be made within two working days of the receipt or making of the ex
parte communication. Notice of the filing, with an opportunity to respond,
shall be given to all parties of record.
009.03(e) Filing and notice of filing
provided under subsection 009.03 shall be considered on the record and
reasonable notice for purposes of the definition of ex parte
communications.
