D.C. Mun. Regs. tit. 6, r. 6-B549
For purposes of this section, the phrase "ex parte communication" means any oral or written communication between decision- making personnel and a party in a proceeding, the party's representative, or any other person who might be affected by the outcome of a proceeding without the participation of the other parties to the proceeding. Decision-making personnel include, for example, any hearing examiner, employee, or member of the Board who reasonably may be expected to participate in the decision- making processes of the Board.
No party or representative of a party may engage in any ex parte communication with a hearing examiner or with any member of the Board regarding proceedings pending before the Board.
Except during settlement discussions or mediations, ex parte communications with an employee of the Board that involve the merits of a case or that violate other rules requiring submissions to be in writing are prohibited until the Board has rendered a final decision in the case. Interested parties may make inquiries to the Executive Director about such matters as the status of a case and when it will be heard. Parties must not make orally a submission that is required to be made in writing or inquire about such matters as what defense they should use or whether their evidence is adequate.
If a prohibited ex parte communication is made orally, the hearing examiner or other presiding official must describe that occurrence on the record with notice to the parties either by filing a memorandum or by making a statement. If a prohibited ex parte communication is made in writing, the hearing examiner or presiding official must file into the record of the proceeding any writing delivered to him or her.
A Board member who receives an ex parte communication that violates § 549.2 must promptly report the communication to the chairperson of the Board and to the Executive Director.
The Executive Director must promptly report to the Board any ex parte communications he or she receives that violate § 549.3. Any other employee of the Board who receives an ex parte communication that violates § 549.3 must promptly report the communication to the Executive Director.
Upon determining that a party has initiated a prohibited ex parte communication, the hearing examiner, the Executive Director, or the Board may impose procedural sanctions or take remedial actions that are appropriate under the circumstances.
D.C. Mun. Regs. tit. 6, r. 6-B549