Ala. Admin. Code r. 335-2-1-.26

Current through Register Vol. 42, No. 8, May 31, 2024

Section 335-2-1-.26 - Ex Parte Communications

(1) A party, or the party's attorney, shall not communicate, or cause another to communicate, with the Commission or any member thereof or a Hearing Officer, as to any matter which concerns a contested administrative action of the Department then pending, except:

(a) in the course of official proceedings concerning the contested administrative action;

(b) in writing if the party promptly serves a copy of the writing on all other parties;

(c) orally upon adequate notice to each party or the party's attorney; or

(d) to set up scheduling conferences and make other contacts of an administrative nature in which substantive issues are not discussed.

(2) No Commission member or Hearing Officer shall initiate, entertain, or consider any communication with a party, or the party's attorney, concerning a contested administrative action of the Department then pending unless such communication is permitted as provided in this Rule.

Authors: David A. Ludder, Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.26

Effective July 1, 1983. Amended: Filed September 27, 1994; effective November 1, 1994.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.