1. (a) Except where the labor commissioner, the labor commissioner’s designee, or board as applicable is authorized by law or the rules of the department to dispose of a matter on an ex parte basis, no person shall make an ex parte communication to any hearing officer or employee of the department, or member of a board or presiding officer who is appointed by a board, who is, or would reasonably be expected to be, involved in the decision process in a contested case governed by this chapter. No hearing officer or employee of the department or member of a board or presiding officer who is appointed by a board, who is, or who would reasonably be expected to be, involved in the decision process in any contested case governed by this chapter shall make or receive an ex parte communication. This rule shall not prohibit communication between the hearing officer; or member of a board or presiding officer who is appointed by a board and the attorney general's office except when the state is a party to the matter.
2. (b) Once the labor commissioner, the labor commissioner’s designee, or board as applicable has been assigned to adjudicate a contested matter or dispute, there shall be no direct communication between the parties or their counsel and the labor commissioner, the labor commissioner’s designee, or board as applicable other than in writing and with copies to all parties of record or by telephonic conference call with all parties. The receipt by the department of an ex parte communication regarding a pending claim or proceeding shall require immediate dissemination of such communication by the recipient thereof provided that any inquiry regarding the status of the proceeding shall not be prohibited.

Source. (See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97 New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98 New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26