Ex parte communication.

1. There may be no ex parte communication, with respect to the merits of any case not decided, between the Board, including any member, officer, employee or agent of the Board who is employed in the decision process, and any of the parties or interveners. 2. If an ex parte communication occurs, the Board may make any orders or take any action fairness requires. Upon notice and hearing, the Board may take any disciplinary action appropriate in the circumstances against any person who knowingly and willfully makes or solicits the making of a prohibited ex parte communication.