PURPOSE: To identify examples of communications that are not ex parte or extra-record communications.

1. (1) In accordance with section 386.210.3, RSMo, no communication shall be prohibited by, or subject to, the disclosure and notice requirements of rule 4 CSR 240-4.020 or 4 CSR 240-4.030, if those communications are made before an evidentiary hearing has been scheduled in the case and are—

   1. (A) Made at a public agenda meeting of the commission where such matter has been posted in advance as an item for discussion or decision; or
   2. (B) Made at a forum where representatives of the public utility affected thereby, the Office of the Public Counsel, and any other party to the case are present.

AUTHORITY: section 386.410, RSMo 2016.* This rule originally filed as 4 CSR 240- 4.040. Original rule filed Nov. 28, 2016, effective July 30, 2017. Moved to 20 CSR 4240-4.040, effective Aug. 28, 2019.

*Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.