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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 14. HOUSING |
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Chapter 14-38. COMMISSION OPERATIONS AND PROCEDURES |
Section 14-3818. EX PARTE COMMUNICATIONS
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3818.1The following oral or written communications which are relevant to the merits of a proceeding and to which reasonable prior notice to all parties has not been given shall be considered ex parte:
(a)Communications between any party or individual representing a party and a Commissioner or any member of the Commission staff; and
(b)Communications described in § 4002.
3818.2The provisions of § 3818.1 do not apply to any of the following oral or written communications:
(a)Those specifically authorized by law to be made on an ex parte basis;
(b)Those related to a matter of procedure; or
(c)Those made in the course of another proceeding of the Commission to which the communication primarily relates, and which is on the public record.
3818.3The prohibition against ex parte communications shall run during the entire time a case is on appeal before the Commission.
3818.4Any communication made in violation of this section which comes to the attention of the Commission shall be made part of the record and an opportunity for rebuttal by other parties shall be offered by mailing to each party a copy of any such communication or memoranda regarding the communication.
3818.5Any Commissioner, or member of the Commission staff who receives an ex parte communication prohibited by this section shall, within forty-eight (48) hours after first having reason to believe that the communication is prohibited, prepare and deliver to the Executive Assistant a written statement setting forth the substance of the communication if it is in oral form, or deliver to the Executive Assistant the actual communication if it is in written form.
3818.6If the Commission determines that a communication was knowingly made (or caused to be made) by a party acting in violation of this section, the Commission may, to the extent consistent with the interest of justice and the policy of applicable law, require the party to show cause why his or her claim or interest in the proceeding should not be dismissed, denied, or otherwise adversely affected.