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.


01-026 C.M.R. ch. 70, § 13

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