623. PREHEARING CONFERENCES

623 EX PARTE COMMUNICATIONS 623.1 Ex parte communication is oral or written communication to decision-making personnel of the Office from a party to a proceeding who does not provide the other party or parties an opportunity to participate. 623.2 An ex parte communication which involves the merits of the case is prohibited. 623.3 In the event of a prohibited communication, the Administrative Judge shall describe that occurrence on the record with notice to the parties either by filing therein a memorandum, if the transaction was oral, or by filing any writing delivered to him or her. 623.4 When an Administrative Judge determines that a party has initiated a prohibited ex-parte communication, the Administrative Judge may impose such sanctions or remedial relief as may be appropriate under the circumstances. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).