In order to avoid all possibilities of prejudice, real or apparent, to the public interest and persons involved in proceedings pending before the Arkansas Public Service Commission:

1. (1)

   1. (A) No person shall submit ex parte communications to any commissioner or presiding officer in such proceeding reasonably designed to influence a decision on any issue of law or fact in any such proceeding.
   2. (B) Independent advice and counsel rendered by the commissioners’ staff to the Arkansas Public Service Commission or presiding officer is not ex parte communication, nor is attendance by the commissioners or a presiding officer at public conferences and other educational events.
   3. (C) No commissioner or presiding officer shall request or entertain any ex parte communication herein prohibited;

2. (2)

   1. (A) A commissioner or presiding officer in such proceeding who receives an offer of any ex parte communication concerning any issue of law or fact in any such proceeding shall:

      1. (i) Decline to listen to such communication; and
      2. (ii) Explain that the matter is pending for determination.

   2. (B) If unsuccessful in preventing such communication, the recipient thereof shall:

      1. (i) Advise the communicator that he or she will not consider the communication; and

      2. (ii) Promptly and fully inform the Arkansas Public Service Commission and all other parties to the proceeding of the:

         1. (a) (a) Substance of the communication; and
         2. (b) (b) Circumstances thereof; and

3. (3)

   1. (A) A party may request an opportunity to rebut, on the record, any facts or contentions contained in any prohibited ex parte communication.
   2. (B) The Arkansas Public Service Commission or presiding officer shall grant such requests only where fairness so requires.
   3. (C) If the Arkansas Public Service Commission or presiding officer declines to grant such request, the requesting party may proffer its rebuttal for the record.
   4. (D) Where the ex parte communication contains assertions of fact not a part of the record of which the Arkansas Public Service Commission or presiding officer cannot take official notice, the Arkansas Public Service Commission or presiding officer in lieu of receiving rebuttal material normally will direct that the alleged factual assertion in the ex parte communication and any proposed rebuttal be disregarded in arriving at a decision.

Codification Notes: This section was promulgated as Rule 1.06 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.