170 IAC 1-1.5-6 Disclosure

Sec. 6. (a) A member of the commission, an attorney, or a technical employee who receives a communication, which that person reasonably believes violates this rule shall: (1) tender to the record of the proceeding: (A) written communications received; (B) written responses to the communication; and (C) a memorandum stating: (i) the substance of oral communications received; (ii) oral responses made; and (iii) the identity of a person from whom an ex parte communication was received; and (2) advise the parties that the items in subdivision (1) have been tendered to the record. The presiding officer shall admit into the record items tendered under this section. (b) A party shall be permitted an opportunity to respond on the record of the affected proceeding within ten (10) days after notice of the disclosed communication. (c) In a proceeding in which a communication has been disclosed in accordance with subsection (a), the commission may determine whether additional action is necessary to maintain a fair and impartial proceeding.