Section R2-17-123. Ex Parte Communications

A.      In any appeal before the Board, except to the extent required for disposition of ex parte matters as authorized by law or these rules of procedure:

1.        An interested person shall not make or knowingly cause to be made an ex parte communication relevant to the merits of the proceeding to any Board member, adminis- trative law judge, or employee of the State of Arizona who is or may reasonably be expected to be involved in the decision making process.

2.        A Board member, administrative law judge, or employee of the State of Arizona who is or may reasonably be expected to be involved in the decision making process shall not make or knowingly cause to be made an ex parte communication relevant to the merits of the proceeding to any interested person.

B.       A Board member, administrative law judge, or employee of the State of Arizona who is or may reasonably be expected to be involved in the decision making process and receives, makes, or knowingly causes to be made a communication pro- hibited by this Section shall place all written communications and all written responses to the communications in the public record of the proceeding and by oral testimony on the record state the substance of all oral communications.

C.      Any interested person who receives a communication prohib- ited by this Section shall file a notice of the communication with the Clerk and serve a copy on the Solicitor General and all parties to the appeal. The interested person shall attach to the notice a copy of the communication, if written, or a sum- mary of the communication, if oral.

D.      When the Board is made aware under subsections (B) or (C) of a communication prohibited by this Section, the Board shall give all parties a reasonable opportunity to respond to the com- munication. The Board, to the extent consistent with the inter- ests of justice and the policy of the underlying statutes and rules, may require the person responsible for the communica- tion to show cause why the person’s claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected because of the violation.

E.       The provisions of this Section apply to an appeal from the date the notice of appeal is filed to the date on the Board’s final administrative decision, unless the person responsible for the communication knew the appeal would be noticed, in which case the prohibition applies from the time that the person acquired the knowledge.

Historical Note

Adopted effective January 8, 1998 (Supp. 98-1).