1. A. A party shall not communicate, either directly or indirectly, with a Commissioner about any substantive issue in a pending contested case or appealable agency action, unless:

   1. 1. All parties are present;
   2. 2. The communication occurs during the scheduled proceeding, where an absent party failed to appear after proper notice; or
   3. 3. It is by written motion with a copy provided to all parties.

2. B. A Commissioner who receives an ex parte communication shall place on the public record of the proceeding:

   1. 1. A copy of the written communication;
   2. 2. A summary of the oral communication; and
   3. 3. The Commissioner’s response to any such ex parte communication.
3. C. The provisions of this Section apply from the date that a notice of hearing for a contested case or an appealable agency action is served on the parties.

Historical Note

Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Section R12-4-605 renumbered to R12-4-606; new Section R12-4-605 renumbered from R12-4-604 and amended by final expedited rulemaking at 24 A.A.R. 393, effective February 6, 2018 (Supp. 18-1).