1. A. “Ex parte communication” means any written or oral communication, by any person outside the agency to any Commissioner or any employee, which imparts information or argument regarding prospective Commission action or potential action concerning:

   1. 1. Any ongoing audit;
   2. 2. Any pending investigation; or
   3. 3. Any litigation matter.

2. B. “Ex parte communication” does not include the following communications:

   1. 1. Public statements by any person in a public forum; or
   2. 2. Statements or inquiries by any person limited to the procedural status of an open proceeding involving a Commission audit, investigation, or litigation matter.

Historical Note

New Section made by exempt rulemaking at 8 A.A.R. 588, effective November 27, 2001 (Supp. 02-1).