Ex Parte Communications

(1) General Provisions. (a) No party to a classification proceeding before the Board shall submit to the hearing examiner or any employee of the agency who is or may reasonably be expected to be involved in the final decision making process any information, evidence, argument or advice, whether written or oral, regarding any matter at issue, unless such submission is offered openly during the course of the hearing or in writing after the hearing, if allowed pursuant to 803 CMR 1.18. A copy of any written submissions shall be offered immediately to all parties. (b) 803 CMR 1.13(1) will apply from the time the sex offender requests a hearing to challenge their recommended classification under 803 CMR 1.08 until the final classification is issued pursuant to 803 CMR 1.20. (2) Exceptions. (a) 803 CMR 1.13(1) does not apply to the process set forth in 803 CMR 1.06(5) for juvenile sex offenders and adult sex offenders whose only sex offense(s) was committed as a juvenile. (b) 803 CMR 1.13(1) does not apply to consultation among Board employees concerning the internal administrative functions or procedures of the Board.