1. (a) If the board is a party to a pending proceeding, no board employee shall communicate about any issue in the proceeding to the board, a board member, or hearing officer.

   1. (1) A communication is not prohibited by this subsection as long as all parties to the proceeding were given reasonable notice of, and an opportunity to participate in, the communication.

2. (b) No person or representative who has an interest in the outcome of a pending proceeding shall communicate about any issue in the proceeding with the board, a board member, or the hearing officer while the proceeding is pending before the board.

   1. (1) A communication is not prohibited by this subsection as long as all parties to the proceeding were given reasonable notice of, and an opportunity to participate in, the communication.
3. (c) A hearing officer who is not a board member shall not communicate about any issue in the proceeding with the board or a board member while the proceeding is pending before the board.

4. (d) The following communications are not prohibited by subsection (a):

   1. (1) a communication required to resolve an ex parte matter that is authorized by statute; or
   2. (2) a communication concerning a matter of procedure or practice that is not in dispute.

5. (e) The following communications from a board employee are not prohibited by subsection (a):

   1. (1) an employee who has not served as an investigator or advocate in the proceeding, as defined in section 615.11 may:

      1. (A) provide assistance and advice about the issues to be resolved; or
      2. (B) evaluate the evidence in the record;
   2. (2) a communication about a settlement proposal that is advocated by the board employee.

6. (f) For the purpose of this section, a proceeding is pending before the board from the time an application or bid protest is submitted to the board until the board makes a final decision about it.

   1. (1) For the purpose of this section, a final decision is made by the board upon adoption of a decision under sections 619.2 or 619.5.

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11425.10(a)(8), 11430.10, 11430.20, 11430.30, 11430.70 and 11430.80, Government Code.

History

1. New subarticle 5 (sections 618.1-618.4) and section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.

2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).

3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).