Extra-Record Communications

PURPOSE: To set forth the standards to promote the public trust in the commission with regard to pending filings and cases. This rule regulates communication between members of the office of the commission and persons who are not parties to a case regarding substantive issues. (1) If any person initiates an extra-record communication, that person shall, within one (1) business day following such communication, give notice of that communication as follows: (A) If the communication is written, file a copy of the written communication in the official case file for the discussed case; or (B) If the communication is not written, file a memorandum summarizing the communication in the official case file for each discussed case. Alternatively, a recording or transcription of the communication may be filed, as long as that recording or transcription indicates the date, time, location, approximate duration, and means of communication. (2) If an extra-record communication occurs and the initiating party fails to file a notice in the manner set forth in section (1), any other party or member of the office of the commission involved in the communication, upon learning of the person’s failure to file such notice, shall give notice of the extra-record communication in the manner set forth in section (1) as soon as practicable but no later than three (3) days later. AUTHORITY: section 386.410, RSMo 2016.* This rule originally filed as 4 CSR 240-4.030. Original rule filed Nov. 28, 2016, effective July 30, 2017. Moved to 20 CSR 4240-4.030, effective Aug. 28, 2019. *Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.