11 CSR 45-13.080 - Prohibition on Ex Parte Communications

PURPOSE: This rule prohibits ex parte contacts between the parties and a hearing officer.

(1) A party or its representative shall not communicate directly or indirectly with the hearing officer regarding any pending matter, except upon notice and opportunity for all parties to participate or as provided in section (3).

(2) The prohibition on ex parte communications commences with the filing of a request for hearing pursuant to 11 CSR 45-13.030.

(3) Communications with the hearing officer involving scheduling or uncontested procedural matters do not require notice or the opportunity for parties to participate. Parties should notify other parties prior to initiating such contact with the hearing officer when feasible, and shall notify other parties when seeking to continue hearings or extend other deadlines.

(4) The hearing officer may recommend sanctions and penalties if the hearing officer determines that a party has violated this rule. Such sanctions and penalties include, but are not limited to, censure, default judgment, or a directed finding on one (1) or more issues.

Notes

11 CSR 45-13.080

AUTHORITY: sections 313.004, 313.065, 313.560, 313.800 and 313.805, RSMo 2000.* Original rule filed June 30, 2003, effective Feb. 29, 2004.

AUTHORITY: sections 313.004, 313.065, 313.560, 313.800 and 313.805, RSMo 2000.* Original rule filed June 30, 2003, effective Feb. 29, 2004.