Section 14-4002. EX PARTE COMMUNICATIONS

 

4002.1Oral or written communications regarding a petition or other contested issue pending disposition before the Rent Administrator or staff of RACD, for the benefit of one party only, and without notice to or contestation by the opposing party or any other person adversely interested, shall be considered ex parte communications. Ex parte communications shall include the following:

 

(a)Communications relevant to the factual substance of a case between any interested party and the Rent Administrator, the hearing examiner assigned to the case or other staff of RACD;

 

(b)Communications relevant to the qualifications of the hearing examiner before whom the proceeding is being heard, between any interested party and the Rent Administrator, the hearing examiner or other staff of RACD;

 

(c)Communications described in § 3818; or

 

(d)Communications regarding the evaluation of the merits of a party’s claim or case, legal advice or advocacy either before or after the filing of a petition or other contested issue, between an interested party and the Rent Administrator or other staff of RACD.

 

4002.2The provisions of § 4002.1 do not apply to any of the following oral or written communications:

 

(a)Those specifically authorized by law or this chapter to be made on an ex parte basis;

 

(b)Those related to a matter of form, format or procedure including the filling out of forms;

 

(c)Those made in the course of another proceeding of RACD to which the communication primarily relates, and which is on the public record; and

 

(d)Those between an interested party and a Contact Representative or other staff of RACD assigned the duty of providing information to the public regarding the provisions of the Act, regulations and the internal procedures of RACD and the Commission, including referrals to agencies and sources of legal assistance and advocacy. Contact representatives are authorized to do the following:

 

(1)Hear a client’s explanation of his or her problem where no petition has been filed;

 

(2)Advise a client that grounds may exist for the filing of a petition and immediately refer the client to a source of legal or technical advocacy; and

 

(3)Advise clients on filling out forms; except that advice on how to state, describe, arrange, document, or argue a claim shall be prohibited.

 

4002.3The Rent Administrator, the hearing examiner or other staff of RACD who receives any communication regarding a petition or other contested issue pending disposition which is made in violation of this section shall cause the communication to be made part of the record and the hearing examiner shall notify all other parties and provide an opportunity for rebuttal.

 

4002.4If the Rent Administrator determines that a communication was knowingly made (or caused to be made) by a party acting in violation of this section, the Rent Administrator 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.

 

source

Notice of Final Rulemaking published at 33 DCR 1336, 1361 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2657-59 (May 2, 1986).