PURPOSE: The division must insure that there is no question as to its impartiality in reaching a decision on the whole record developed during open hearings. This rule prohibits activities which would tend to exercise influence on the division and which are not part of the record.

1. (1) Any attorney who participates in any proceeding before the division shall comply with the rules of the division and shall adhere to the standards of ethical conduct required of attorneys before the courts of Missouri by the provisions of Civil Rule 4, Code of Professional Responsibility, particularly in the following respects:

   1. (A) During the pendency of an administrative proceeding before the division an attorney or law firm associated therewith shall not make or participate in making a statement, other than a quotation from or reference to public records, that a reasonable person would expect to be disseminated by means of public communication if it is made outside the official course of the proceeding and relates to any of the following:

      1. 1. Evidence regarding the occurrence of

transaction involved;

1. 2. The character, credibility or criminal

record of a party, witness or prospective witness;

1. 3. Physical evidence or the performance

or results of any examinations or tests or the refusal or failure of a party to submit to examinations or tests;

1. 4. His/her opinion as to the merits of the

claims, defenses or positions of any interested person; or

1. 5. Any other matter which is reasonably

likely to interfere with a fair hearing;

1. (B) An attorney shall exercise reasonable care to prevent his/her employees and associates from making such an extra-record statement as s/he is prohibited from making; and
2. (C) These restrictions do not preclude an attorney from replying to charges of misconduct publicly made against him/her or from participating in the proceedings of legislative, administrative or other investigative bodies.

1. (2) In all proceedings before the division, no attorney shall communicate, or cause another to communicate, as to the merits of the cause with any administrative law judge before whom the proceeding is pending, excep—

   1. (A) In the course of official proceedings in the cause; and
   2. (B) In writing directed to the director of the division with copies served upon all other counsel of record and participants without intervention.
2. (3) No person who has served as an administrative law judge or as an employee of the division shall appear, after termination of service or employment, before the division in relation to any case, proceeding or application with respect to which s/he was directly involved and in which s/he personally participated or had substantial responsibility in during the period of his/her service or employment with the division.
3. (4) It is improper for any person interested in a case before the division to attempt to sway the judgment of the division by undertaking directly or indirectly outside the hearing process to bring pressure or influence to bear upon the administrative law judge or staff assigned to the proceeding.
4. (5) Requests for expeditious treatment of matters pending with the division are improper except when filed with the director and copies served upon all other parties.
5. (6) No employee of the division shall invite or knowingly entertain any prohibited ex parte communication or make any communication to any party or counsel or agent of a party or any other person who s/he has reason to know may transmit such communication to a party or party's agent.
6. (7) These prohibitions apply from the time an on-the-record proceeding is set for hearing by the division until the proceeding is terminated by final order of the division. An on-therecord proceeding means a proceeding where a hearing is set and to be decided solely upon the record made in a division hearing.
7. (8) As ex parte communications (either oral or written) may occur inadvertently, any employee of the division who receives such a communication shall immediately prepare a written report concerning the communication and submit it to the director of the division. The report shall identify the employee and the person(s) who participated in the ex parte communication; the circumstances which resulted in the communication; the substance of the communication; and the relationship of the communication to a particular matter at issue before the division.

AUTHORITY: section 622.027, RSMo (1986).* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. * Original authority 1995, amended 1993, 1995.