Section R2-20-603. Audits, Investigations, and Litigation

A.      In order to avoid the possibility of prejudice, real or apparent, in Commission decision making, no person outside the Com- mission shall make, or cause to be made, to any Commissioner or employee, any ex parte communication regarding any audit undertaken by the Commission or any pending or prospective Commission decision regarding any investigation or litigation, including whether to initiate, settle, appeal, or any other deci- sion concerning an investigation or litigation matter.

B.       A Commissioner or employee who receives an oral ex parte communication concerning any matters addressed in subsec- tion (A) of this Section shall attempt to prevent the communi- cation. If unsuccessful in preventing the communication, the Commissioner or employee shall advise the person making the communication that he or she will not consider the communi- cation and shall, as soon after the communication as is reason- ably possible, but no later than three business days after the communication, or prior to the next Commission discussion of the matter, whichever is earlier, prepare a statement setting forth the substance and circumstances of the communication, and deliver the statement to the Executive Director for place- ment in the applicable case file.

C.      A Commissioner or employee who receives a written ex parte communication concerning any matters addressed in subsec- tion (A) of this Section shall, as soon after the communication as is reasonably possible but no later than three business days after the communication, or prior to the next Commission dis- cussion of the matter, whichever is earlier, deliver a copy of

the communication to the Executive Director for placement in the applicable case file.

Historical Note

New Section made by exempt rulemaking at 8 A.A.R.

588, effective November 27, 2001 (Supp. 02-1).