Section R13-11-109. Ex Parte Communications

A.      In any good cause exception or central registry exception case, except to the extent required for disposition of ex parte matters as authorized by law:

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 proceeding, may make or knowingly cause to be made to any interested person outside the Board an ex parte communication rele- vant to the merits of the determination.

B.       A Board member, hearing officer, or other employee or con- sultant who is or may be reasonably expected to be involved in the decisional process of the proceeding, who receives, makes, or knowingly causes to be made a communication prohibited by R13-11-109(A), 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 sub- stance of all oral responses, to the communications described in (1) and (2) of this subsection.

C.      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 may require the party to show cause why his or her claim or interest in the proceeding should not be dis- missed, denied, disregarded, or otherwise adversely affected because of the violation.

D.      The provisions of this Section apply beginning when the appli- cation for a good cause exception or central registry exception is filed.

E.       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 com- munication not on the administrative record and not the subject of reasonable prior notice to all parties.

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Historical Note

Section renumbered from R13-11-104 and amended by exempt rulemaking at 9 A.A.R. 4449, effective Septem- ber 26, 2003 (Supp. 03-3). Former R13-11-109 renum- bered to R13-11-111; new R13-11-109 made by exempt rulemaking at 12 A.A.R. 4898, effective December 6,

2006 (Supp. 06-4). Amended by exempt rulemaking at 18

A.A.R. 2146, effective August 8, 2012 (Supp. 12-3). Amended by exempt rulemaking at 18 A.A.R. 2564, effec-

tive September 25, 2012 (Supp. 12-3).