002.01 Prohibitions; when applicable
The prohibitions found in this section shall apply beginning
at the time notice for hearing is given. An agency may designate an earlier
time, but such earlier time shall be required to be set forth in the agency's
rules of procedure.
002.02
Prohibitions; to whom applicable
002.02A Parties and public. No party in a
contested case or other person outside the agency having an interest in the
contested case shall make or knowingly cause to be made anex
parte communication to the hearing officer or to an agency head or
employee who is or may reasonably be expected to be involved in the
decisionmaking process of the contested case.
002.02B Persons in decisionmaking roles. No
hearing officer or agency head or employee who is or may reasonably be expected
to be involved in the decisionmaking process of the contested case shall make
or knowingly cause to be made anex parte communication to any
party in a contested case or other person outside the agency having an interest
in the contested case.
002.02C
Investigators. No agency head or employee engaged in the investigation or
enforcement of a contested case shall make or knowingly cause to be made
anex parte communication to a hearing officer or agency head
or employee who is or may reasonably be expected to be involved in the
decisionmaking process of the contested case.
002.03 Disclosure of contacts
The hearing officer or agency head or employee who is or may
reasonably be expected to be involved in the decision-making process of the
contested case who receives or who makes or knowingly causes to be made an
ex parte communication set forth in subsections
002.02A through
002.02C shall file
in the record of the contested case:
002.03A All such written
communications;
002.03B Memoranda
stating the substance of all such oral communications; and
002.03C All written responses and memoranda
stating the substance of all oral responses to all the ex
parte communications.
002.03D The filing shall be made within two
working days of the receipt or making of the ex parte
communication. Notice of the filing, with an opportunity to respond, shall be
given to all parties of record.
002.03E Filing and notice of filing provided
under subsection
002.03D shall not
be considered on the record and reasonable notice for purposes of the
definition of
ex parte communication.
