Section 6-B622. EX PARTE COMMUNICATIONS

622.1Ex parte communication is oral or written communication to decision-making personnel of the Office from a party to a proceeding who does not provide the other party or parties an opportunity to participate.

622.2An ex parte communication which involves the merits of the case is prohibited.

622.3In the event of a prohibited communication, the Administrative Judge shall describe that occurrence on the record with notice to the parties either by filing therein a memorandum, if the transaction was oral, or by filing any writing delivered to him or her.

622.4When an Administrative Judge determines that a party has initiated a prohibited ex parte communication, the Administrative Judge may impose such sanctions or remedial relief as may be appropriate under the circumstances.

authority

The Chairperson of the Office of Employee Appeals in accordance with §602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).

source

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2142 (March 16, 2012).

EditorNote

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.