Ex Parte (One Party Only) Communications

Section 300.1120  Ex Parte (One Party Only) Communications a)         An ALJ may not engage in ex parte communications, directly or indirectly, in any matter in connection with any substantive issue, with any interested person or party. If the ALJ receives any ex parte communication, including any documents, the ALJ shall inform the parties of the substance of any such communication and provide copies of any written communication or documents. The other party shall be given an opportunity to review any ex parte communication. b)         Nothing shall prevent the ALJ from communicating ex parte about routine matters, such as requests for continuances or opportunities to inspect the file, as long as the parties are informed of the substance of the ex parte communication. The date and type of communication, the persons involved and the results of those routine communications shall be part of the record. c)         When a party fails to appear at the hearing, the other parties' participation at the hearing shall not be considered ex parte communication.