1. (1) An ex parte communication is an oral, written or electronic communication between an assigned Administrative Law Judge and a party, a party’s representative or someone with a substantial interest in the outcome of the proceeding about the merits of a proceeding to which the Administrative Law Judge is assigned and which is not made to all parties to the proceeding.
2. (2) Ex parte communications are prohibited.
3. (3) Notwithstanding section (2) of this rule, an assigned Administrative Law Judge may communicate with a party, when necessary for administrative or scheduling purposes, so long as the communication does not involve the merits of a proceeding and the Administrative Law Judge believes that no party’s legal rights or duties will be affected.
4. (4) An Administrative Law Judge shall promptly disclose to all parties the substance of any communication prohibited by this rule. All parties shall be allowed a reasonable opportunity to respond to a prohibited communication.
5. (5) This rule does not apply to communications made to, or by, an Administrative Law Judge acting as a mediator.

Statutory/Other Authority

ORS 656.726(5)

Statutes/Other Implemented

ORS 656.726(5)

History

WCB 1-2003, f. 2-21-03, cert. ef. 5-1-03