Section R12-15-224. Ex Parte Communications

A.      During the course of a contested case or appealable agency action, a party shall not make an ex parte communication or knowingly cause an ex parte communication to be made to the Director or other Department employee or consultant who is or may reasonably be expected to be involved in the decision- making process of the contested case or appealable agency action.

B.       During the course of a contested case or appealable agency action, the Department personnel listed in subsection (A) shall not make an ex parte communication or knowingly cause an ex parte communication to be made to a party or a person who will be materially and directly affected by the outcome of the contested case or appealable agency action.

C.      Any of the Department personnel listed in subsection (A) of this Section who receives a written communication prohibited by this Section shall file a copy of the communication in the public docket and serve a copy on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action. Any of the Department personnel listed in sub- section (A) of this Section who receives an oral communica- tion prohibited by this Section shall file a summary, stating the substance of the communication, in the public docket and

serve a copy on the Director, the Chief Counsel, and all parties to the contested case or appealable agency action.

D.      Upon receipt of an ex parte communication or a copy or sum- mary of an ex parte communication made or knowingly caused to be made by a party in violation of this Section, the Director, to the extent consistent with the interests of justice and the pol- icy of the underlying statutes and rules, may require the party to show cause why the party’s claim or interest in the contested case or appealable agency action should not be dismissed, denied or disregarded because of the violation.

E.       For purposes of this Section, “ex parte communication” means any written or oral communication relating to the merits of a contested case or appealable agency action, except:

1.        Communications made in the course of official proceed- ings in the contested case or appealable agency action;

2.        Communications made in writing, if a copy of the com- munication is promptly served on the Director, the Chief Counsel, and all parties to the contested case or appeal- able agency action;

3.        Oral communications made after adequate notice, stating the substance of each communication, to all parties and the Chief Counsel;

4.        Communications relating solely to procedural matters; and

5.        As otherwise authorized by law.

Historical Note

Adopted effective June, 1984 (Supp. 84-3). Amended by final rulemaking at 13 A.A.R. 3022, effective October 6,

2007 (Supp. 07-3).