1. (a) No person, party, attorney of record, or authorized representative in any contested case shall violate Government Code, §2001.061 by directly or indirectly engaging in ex parte communication concerning a contested case with an ALJ, board member, board delegate, final order authority, or a hearings examiner assigned to render a decision or make findings of fact and conclusions of law in a contested case.
2. (b) Unless prohibited by Government Code, §2001.061, department staff who did not participate in the hearing may advise a board member, a board delegate, a final order authority, or a hearings examiner, regarding a contested case and any procedural matters.
3. (c) Department staff shall not recommend a final decision to the board unless the department is a party to the contested case.
4. (d) A violation of this section shall be promptly reported to the board chair or chief hearings examiner, as applicable, and the general counsel of the department.
5. (e) The general counsel shall ensure that a copy or summary of the ex parte communication is included with the record of the contested case and that a copy is forwarded to all parties or their authorized representatives.
6. (f) The general counsel may take any other appropriate action otherwise provided by law.

Source Note:The provisions of this §224.5 adopted to be effective June 1, 2024, 49 TexReg 2771; amended to be effective February 27, 2026, 50 TexReg 6258.