Ohio Admin. Code 4901-1-09 - Ex parte discussion of cases
After a case has been assigned a formal docket number, no
commissioner or attorney examiner
ALJ assigned to the case
shall
may
discuss the merits of the case with any party to the proceeding or a
representative of a party, unless all parties have been notified and given the
opportunity to be present or to participate by telephone, or a full disclosure
of the communication insofar as it pertains to the subject matter of the case
is made. When an ex parte discussion occurs, a representative of the party or
parties participating in the discussion shall prepare a document identifying
all the participants and the location of the discussion, and fully disclosing
the communications made. Within two business days of the occurrence of the ex
parte discussion, the document shall be provided to the commission's legal
director, the legal director's
or his designee, or to an attorney
examiner
ALJ present at the discussion
for review. Upon completion of the review, the final document with any
necessary changes shall be filed with the commission's docketing division
within two business days and the filer shall serve a copy upon the parties to
the case and to each participant in the discussion. The document filed and
served shall include the following language: Any participant in the discussion
who believes that any representation made in this document is inaccurate or
that the communications made during the discussion have not been fully
disclosed shall
may prepare a letter explaining the participant's
disagreement with the document,and shall file the letter with the commission, and serve the letter upon all parties and
participants in the discussion within two business days of receipt of this
document.
Notes
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13, 4903.081
Prior Effective Dates: 03/01/1981, 04/04/1996, 04/20/2001, 05/07/2007, 06/15/2014
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