01-026 C.M.R. ch. 70, § 13 - Ex Parte Communications; Separation of Functions
Current through 2022-14, April 6, 2022
A.
Communication prohibited. In
any adjudicatory proceeding, no Board members authorized to take final action
or presiding officers designated by the Board to make findings of fact and
conclusions of law shall communicate, directly or indirectly, in connection
with any issue of fact, law or procedure, with any person, except upon notice
and opportunity for all parties to participate.
B.
Communication permitted. This
section shall not prohibit any Board member or other presiding officer
described in subsection (A) from:
1.
Communicating in any respect with other members of the Board or other presiding
officers; or
2. Having the aid or
advice of those members of his own Board staff, counsel or consultants retained
by the Board who have not participated and will not participate in the Board
proceeding in an advocate capacity.
Notes
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