1. (1) For purposes of this rule, an ex parte communication is an oral or written communication to an agency decision maker during its review of the contested case not made in the presence of all parties to the hearing, concerning a fact in issue in the proceeding, but does not include communication from agency staff or counsel about legal issues or about facts in the record.

2. (2) If an agency decision maker receives an ex parte communication during its review of a contested case, the decision maker shall:

   1. (a) Give all parties notice of the substance of the communication, if oral, or a copy of the communication, if written; and
   2. (b) Provide any party who did not present the ex parte communication an opportunity to rebut the substance of the ex parte communication.

3. (3) The agency shall include in the record of the contested case proceeding:

   1. (a) The ex parte communication, if in writing;
   2. (b) A statement of the substance of the ex parte communication, if oral;
   3. (c) The agency's notice to the parties of the ex parte communication; and
   4. (d) Rebuttal evidence, if any.

Statutory/Other Authority

ORS 183.341

Statutes/Other Implemented

ORS 183.341, 183.462 & OL 1999 & Ch. 849

History

DOJ 19-2003, f. 12-12-03, cert. ef. 1-1-04
DOJ 10-1999, f. 12-23-99, cert. ef. 1-1-00