1. (a) While a case is pending before the CHO, no party or interested person shall engage in ex parte communications with the presiding officer, the Director, or a person acting in the capacity of the Director.
2. (b) A communication made on the record at a conference or hearing is not an ex parte communication.
3. (c) The presiding officer shall promptly notify all parties of any ex parte communication that comes to their attention and shall provide an opportunity for all parties to respond to the communication.
4. (d) The presiding officer has the authority to impose sanctions on any party or interested person found to have willfully engaged in prohibited ex parte communications.

5. (e) A communication otherwise prohibited under subdivision (a) is permissible in any of the following circumstances:

   1. (1) The communication is required for the disposition of an ex parte matter specifically authorized by statute.
   2. (2) The communication concerns a matter of administration, procedure, or practice not in controversy, such as a request for a continuance, language assistance, or disability accommodations.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20, 11430.10, 11430.20, 11430.30, 11430.40, 11430.50, 11430.60, 11430.70, 11430.80 and 11455.10, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).