Section R4-9-125. Repealed  

Historical Note

to the Registrar or an employee involved in the decision- making process for that proceeding.

2.        Neither the Registrar nor its employees who are involved in the decision-making process of a contested proceeding shall make, request, entertain, or consider an unautho- rized communication concerning the merits of the pro- ceeding.

3.        The provisions of this rule do not prohibit:

a.        Communications regarding procedural matters;

b.        Communications regarding any other proceedings;

c.        Intra-agency or non-party communications regard- ing purely technical and legal matters;

d.        Communications among hearing officers, non-party staff and the Registrar.

D.       Remedy:

1.        The Registrar and its decision-making employees who receive an oral or written offer of any communication prohibited by this rule shall decline to receive such com- munication and explain that the matter is pending for determination and that all communication regarding it must be made on the public record. If unsuccessful in pre- venting such communications, the recipient shall advise the communicator that the communication will not be considered, a brief signed statement setting forth the sub- stance of the communication and the circumstances under which it was made will be prepared, and the statement will be filed in the public record of the case or proceed- ing.

2.        Any person affected by an unauthorized communication will have an opportunity to rebut on the record any facts or contentions contained in the communication.

3.        If a party to a contested proceeding makes or causes to be made an unauthorized communication, the party may be

Adopted effective November 4, 1992 (Supp. 92-4).

Repealed effective December 17, 1993 (Supp. 93-4).