Section 31-225. EX PARTE COMMUNICATIONS

 

225.1No interested person shall, with respect to any case initiated pursuant to § 220, make, or knowingly cause to be made, to any member of the Panel, Office, or of the Commission, or personal assistant to a member of the Commission, any ex parte communication while the proceeding is pending before the Panel.

 

225.2The provisions of § 225.1 shall not apply to any of the following 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 or Panel to which it primarily relates, and is on the public record.

 

225.3Any person, including employees of the Commission, may apply to the Secretary for an advisory opinion as to whether any provision of this section is applicable to a communication.

 

225.4A proceeding is considered pending before the Panel when it is noticed for hearing, or when a communicator who reasonably believes it will be noticed for hearing obtains such knowledge (but not before the proceeding is docketed).

 

225.5A proceeding shall end when the Panel's decision becomes final for purposes of judicial review.

 

225.6If a proceeding is phased or segmented so that one (1) or more parts of the proceeding constitute distinct matters, the Panel may, by order, provide that each phase or segment shall constitute a separate proceeding for purpose of §§ 220 to 256.

 

225.7A member of the Commission, Panel, or personal assistant to a member of the Commission, or person appointed by the General Counsel 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 Secretary a written statement setting forth the substance of the communication if it is in oral form, or deliver to the Secretary the actual communication if it is in written form.

 

225.8The Secretary shall place any statement or communication in the public files associated with the proceeding, but separate from the record upon which the Panel will rely in reaching its decision. The Secretary shall mail to each person on the official service list of the proceeding a copy of any such statement or communication.

 

225.9If the Panel determines that a communication was knowingly made, or caused to be made, by the party acting in violation of this section, the Panel may, to the extent consistent with the interests of justice and the policies underlying this section, 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

Final Rulemaking published at 34 DCR 6715, 6725 (October 23, 1987).