In any proceeding that is a contested case within the meaning of D.C. Official Code § 2-502(8) (2001)(formerly codified at D.C. Code § 1-1502(8) (1999 Repl.)), all members of the Commission shall be prohibited from receiving or participating in any ex parte communication relevant to the merits of the proceeding.
The prohibition in § 3023.1 shall begin to apply upon the referral of any application or petition pursuant to § 3011, and shall not terminate until the final disposition of the case.
The prohibition in § 3023.1 shall not extend to communication between the Commission and the staff concerning matters of record.
As used in this section, the term "ex parte communication" shall mean an oral or written communication not in the public hearing record with respect to which reasonable prior notice to all participants to the proceeding is not given.
As used in this section, the phrase "participants to the proceeding" shall mean all parties to the proceeding and any other persons who have been granted limited participation.
D.C. Mun. Regs. tit. 11, r. 11-3023