OAR 137-003-0055: Ex Parte Communications

(1) An ex parte communication is an oral or written communication to an agency decision maker or the presiding officer not made in the presence of all parties to the hearing, concerning a fact in issue in the proceeding, but does not include communication from agency staff or counsel about facts in the record. (2) If an agency decision maker or presiding officer receives an ex parte communication during the pendency of the proceeding, the officer shall: (a) Give all parties notice of the substance of the communication, if oral, or a copy of the communication, if written; and (b) Provide any party who did not present the ex parte communication an opportunity to rebut the substance of the ex parte communication at the hearing, at a separate hearing for the limited purpose of receiving evidence relating to the ex parte communication, or in writing. (3) The agency’s record of a contested case proceeding shall include: (a) The ex parte communication, if in writing; (b) A statement of the substance of the ex parte communication, if oral; (c) The agency or presiding officer’s notice to the parties of the ex parte communication; and (d) Rebuttal evidence.