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Statutes and Rules

Rules

A.A.C. R13-11-109. Ex Parte Communications

1. In any good cause exception case, except to the extent required for disposition of ex parte matters as authorized by law or these rules of procedure:
   1. No interested person outside the Board may make or knowingly cause to be made to any Board members, hearing officer, or other employee or consultant who may reasonably be expected to be involved in the decisional process of the proceeding, an ex parte communication relevant to the merits of the proceeding;
   2. No Board member, hearing officer, or other employee or consultant who is or may be reasonably expected to be involved in the decisional process of the good cause exception determination, may make or knowingly cause to be made to any interested person outside the Board an ex parte communication relevant to the merits of the determination.
2. A Board member, hearing officer, or other employee or consultant who is or may be reasonably expected to be involved in the decisional process of the good cause exception determination, who receives, makes, or knowingly causes to be made a communication prohibited by this rule, must place on the record of the proceeding and serve on all parties to the proceeding:
   1. All prohibited written communications;
   2. Memoranda stating the substance of all prohibited oral communications; and
   3. All written responses, and memoranda stating the substance of all oral responses, to the communications described in paragraphs 1 and 2 of this subsection.
3. Upon receipt of a communication made or knowingly caused to be made by a party in violation of this section, the Board or its hearing officer, to the extent consistent with the interests of justice and the policy of the underlying statutes and rules, may require the party to show cause why his or her claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected because of the violation.
4. The provisions of this section apply beginning when the request for a good cause exception is filed in accordance with R13-11-103.
5. For the purposes of this section:
   1. "Person outside the Board" means any person other than a Board member, employee or consultant of the Board, or attorney representing the Board in its adjudicatory role.
   2. "Ex parte communication" means an oral or written communication not on the administrative record and not the subject of reasonable prior notice to all parties.