9721.1 If a proceeding is a contested case within the meaning of the DC APA (D.C. Official Code § 2-502(8)), the following restrictions shall apply:

(a) A person shall not make or knowingly cause to be made to a member of the Board an ex parte communication relevant to the merits of the proceeding; and

(b) No member of the Board shall make or cause to be made to any interested persons outside the Board an ex parte communication relevant to the merits of the proceeding.

9721.2 The prohibitions set forth in this section shall apply upon the filing of a protest against an application for an original, transfer, substantial change or renewal license, or upon the issuance of notice to appear for a show cause hearing.

9721.3 For purpose of this section, “ex parte communication” does not include an inquiry regarding the Board’s procedure or practice, or a request for a status report on a matter, proceeding, or notice of a meeting or hearing.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).