40 Tex. Admin. Code § 807.364 - Ex Parte Consultations

Current through Reg. 46, No. 53; December 31, 2021

(a) A Commissioner or employee of the Agency assigned to render a decision or to make findings of fact and conclusions of law in a cease and desist proceeding shall not directly or indirectly communicate in connection with an issue of fact or law with the Commission, a person, a party, or a representative of those entities, except on notice and opportunity for each party to participate.

(b) A Commissioner or employee of the Agency assigned to render a decision or to make findings of fact and conclusions of law in a cease and desist hearing may communicate ex parte with an Agency employee who has not participated in a hearing in the case for the purpose of using the special skills or knowledge of the Agency and its staff in evaluating the evidence.

(c) This section shall be construed liberally to promote the effectiveness and efficiency of issuance of cease and desist orders.

Notes

40 Tex. Admin. Code § 807.364

The provisions of this §807.364 adopted to be effective January 23, 2012, 37 TexReg 200