The Administrative Procedure Act, §2001.061, applies to commissioners and employees of the commission and to the hearings officers of SOAH. It provides that:

1. (1) unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact or law with any agency, person, party, or their representatives, except on notice and opportunity for all parties to participate; and
2. (2) under the APA, §2001.090, a member of an agency or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case, including SOAH, may communicate ex parte with employees of the commission, who have not participated in any hearing in the case for the purpose of utilizing the special skills or knowledge of the commission and its staff in evaluating the evidence.

Source Note:The provisions of this §148.15 adopted to be effective December 4, 1995, 20 TexReg 9706.