Ariz. Admin. Code § R12-4-605 - Ex Parte Communication

A. For purposes of this Section:

1. "Individual outside the Commission" means any individual other than a Commissioner, personal aide to a Commissioner, Department employee, consultant of the Commission, or an attorney representing the Commission.

2. "Ex parte communication" means any oral or written communication with the Commission that is not part of the public record and for which no reasonable prior written notice has been given to all interested parties.

B. A. A party shall not communicate, either directly or indirectly, with a Commissioner about any substantive issue in a pending contested case or appealable agency action, unless:

1. All parties are present;

2. The communication occurs during the scheduled proceeding, where an absent party failed to appear after proper notice; or

3. It is by written motion with a copy provided to all parties.

C. B. A Commissioner who receives an ex parte communication shall place on the public record of the proceeding :

1. A copy of the written communication;

2. A summary of the oral communication; and

3. The Commissioner's response to any such ex parte communication.

D. Upon receipt of a communication made or knowingly caused to be made by a party in violation of this Section, the Commission or its hearing officer, to the extent consistent with equity and fairness, may require the party to show cause why the claim or interest in proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected because of the violation.

E. C. The provisions of this Section apply from the date that a notice of hearing for a contested case or an appealable agency action is served on the parties.

Notes

Ariz. Admin. Code § R12-4-605

Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-604 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.