Section 1230-01-02-.09 - EX PARTE COMMUNICATIONS(1) Unless otherwise authorized by statute, rule, regulation or order of the Board or Executive Committee, all members of the Executive Committee and any Hearing Officer assigned to adjudicate any matters concerning complaints submitted to the Executive Committee may not communicate, directly or indirectly, regarding any issue in the proceeding, while such proceeding is pending, with any person, including, but not limited to:(b) A party's employee, attorney, or representative;(c) A person known to act on behalf of a party;(d) A person who has direct interest in the outcome of the proceeding;(e) A person representing a third party advocating a certain outcome of the proceeding; or,(f) A member of the Board who is not a member of the Executive Committee; without notice and opportunity for all parties to the proceeding to participate in the communication.
(2) Notwithstanding subsection (1) above, only to the extent not otherwise inconsistent with this rule, any person may make educational or informational communications that are not intended to persuade or advocate a position on an issue in a particular proceeding while the proceeding is pending, provided, however, that the Executive Committee members and Hearing Officer do not receive ex parte communications of a type that such person would be prohibited from receiving and do not furnish, augment, diminish, or modify the evidence in the record.(3) A member of the Executive Committee or a Hearing Officer assigned to adjudicate any matters concerning complaints submitted to the Executive Committee, who receives an ex parte communication in violation of this rule shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom such person received an ex parte communication. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) days after notice of the communication.Tenn. Comp. R. & Regs. 1230-01-02-.09
New rules filed June 8, 2021; effective 9/6/2021.Authority: T.C.A. §§ 4-5-304, 65-31-114(f)(1), 65-31-115, and 65-31-116.
.