(a) No person, except as otherwise provided in subsection (c) of this section may communicate, either directly or indirectly, with the hearing officer regarding any facts, issues, law, or rules relating to the benefit contested case hearing after the hearing has been set, and until all administrative and judicial remedies have been exhausted, unless all parties to the hearing are present, except where the communication is:
- (1) written; and
- (2) delivered to all parties, as provided by §142.4 of this title (relating to Delivery of Copies to All Parties).
- (b) Notwithstanding subsection (a) of this section, any of the individuals named previously may communicate with the hearing officer in any manner regarding procedural issues.
- (c) A hearing officer assigned to render a decision in a benefit contested case hearing may communicate ex parte with other commission employees for the purpose of utilizing their special skills or knowledge in evaluating the evidence.
- (d) Failure to comply with this rule is an administrative violation, with a sanction to be established by the commission, pursuant to the Texas Workers' Compensation Act, §10.21.
Source Note:The provisions of this §142.3 adopted to be effective February 12, 1991, 16 TexReg 463.