R12-4-605. Ex Parte Communication

A. A party shall not communicate, either directly or indirectly, with a Commissioner about any substantive issue in a pending contested case or appealable agency action, unless: 1. All parties are present; 2. The communication occurs during the scheduled proceeding, where an absent party failed to appear after proper notice; or 3. It is by written motion with a copy provided to all parties. B. A Commissioner who receives an ex parte communication shall place on the public record of the proceeding: 1. A copy of the written communication; 2. A summary of the oral communication; and 3. The Commissioner’s response to any such ex parte communication. C. The provisions of this Section apply from the date that a notice of hearing for a contested case or an appealable agency action is served on the parties.