Iowa Admin. Code r. 351-11.22 - Ex parte communication
(1)
Prohibited
communications. Following issuance of the notice of hearing,
there shall be no communication, directly or indirectly, between any
party or representative of any party in connection with any issue of
fact or law in a case and any person assigned to render a proposed or
final decision or make findings of fact or conclusions of law except
upon notice and opportimity for all parties to participate. This does
not prohibit persons jointly assigned such tasks from communicating
with each other Nothing in this provision is intended to preclude
persons assigned to render a proposed or final decision in a
contested case or to make findings of fact or conclusions of law in
such a case from seeking the advice or help of persons other than
those with personal interest in, or those engaged in personally
investigating as defined in subrule 11.8(1), prosecuting, or
advocating in, either the case under consideration or a pending
factually related case involving the same parties as long as that
advice or help does not violate Iowa Code subsection
17A.12(8).
(2)
Disclosure of
prohibited communications. Any person who receives a
communication prohibited by subrule 11.22(1) shall disclose that
communication to all parties. A copy of any prohibited written
communication or a summary of any prohibited oral communication shall
be submitted for inclusion in the record. Any party desiring to rebut
the prohibited ex parte communication must be allowed to do so, upon
requesting the opportunity for rebuttal within ten days after notice
of the communication. If the effect of an ex parte communication is
so prejudicial that it cannot be cured by disclosure and rebuttal, a
presiding officer who receives the communication shall be
disqualified and the portions of the record pertaining to the
communication shall be sealed by protective order
(3)
Sanctions. The
board and any party may report any violation of this rule to
appropriate authorities for any disciplinary proceedings provided by
law. The presiding officer or the board may impose appropriate
sanctions for violations of this rule. Possible sanctions include a
decision against the offending party ; censure, suspension, or
revocation of the privilege to practice before the board; and
censure, suspension, dismissal, or other disciplinary action against
board personnel.
(4)
Affidavit A party to a contested case proceeding may
file a timely and sufficient affidavit alleging a violation of any
provision of this rule. The board shall determine the matter as part
of the record in the case. When the board makes such a determination
with respect to a board member or board employee, that determination
shall be subject to de novo judicial review in any subsequent review
proceeding of the case.
Notes
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