N.H. Admin. Code § Ins 204.07 - Ex Parte Communications, Adjudicative Proceedings

(a) Once an adjudicative proceeding has commenced, unless required for the disposition of ex parte matters authorized by law or exempt herein, no party shall communicate, directly or indirectly, with the commissioner, the hearing officer, or any assistant or advisor to the hearing officer concerning the merits of the case, except upon notice and opportunity for all parties to participate.

(b) The notice and opportunity to participate requirement imposed pursuant to paragraph (a) shall not apply:

(1) When a hearing officer has been appointed to receive evidence pursuant to Ins 203.01(c) and communications between or among the commissioner and department staff are required for the proper administration of the business of the department;

(2) To ex parte communications between or among the hearing officer and any assistant or advisor designated by the commissioner to assist the hearing officer; or

(3) To ex parte communications with staff participating in the preparation of the final order after the commissioner has received, reviewed and determined whether to accept, reject or otherwise modify a proposed decision pursuant to Ins 207.04.

(c) When the commissioner has appointed a hearing officer to receive evidence and enter a proposed decision pursuant to Ins 203.01(c), there shall be no ex parte communications directly or indirectly between the hearing officer and the commissioner concerning the merits of the case.

Notes

N.H. Admin. Code § Ins 204.07

#7121, eff 10-29-99, EXPIRED: 10-29-07

New. #9052-A, eff 1-2-08; ss by #9650-A, eff 2-5-10

Amended by Volume XL Number 33, Filed August 13, 2020, Proposed by #13073-A, Effective 7/27/2020.