Section 11-3023. EX PARTE COMMUNICATIONS

 

3023.1In any proceeding that is a contested case within the meaning of D.C. Official Code § 2-502(8)(2001)(formerly codified at D.C. Code § 1-1502(8) (1999 Repl.)), all members of the Commission shall be prohibited from receiving or participating in any ex parte communication relevant to the merits of the proceeding.

 

3023.2The prohibition in § 3023.1 shall begin to apply upon the referral of any application or petition pursuant to § 3011, and shall not terminate until the final disposition of the case.

 

3023.3The prohibition in § 3023.1 shall not extend to communication between the Commission and the staff concerning matters of record.

 

3023.4As used in this section, the term "ex parte communication" shall mean an oral or written communication not in the public hearing record with respect to which reasonable prior notice to all participants to the proceeding is not given.

 

3023.5As used in this section, the phrase "participants to the proceeding" shall mean all parties to the proceeding and any other persons who have been granted limited participation.

 

source

Final Rulemaking published at 46 DCR 7855, 7876 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8547 (October 20, 2000).