OAR 137-003-0625: Ex Parte Communications with Administrative Law Judge

(1) For purposes of this rule, an ex parte communication is: (a) An oral or written communication; (b) By a party, a party's representative or legal adviser, any other person who has a direct or indirect interest in the outcome of the proceeding, any other person with personal knowledge of the facts relevant to the proceeding, or any officer, employee or agent of the agency; (c) That relates to a legal or factual issue in the contested case proceeding; (d) Made directly or indirectly to the administrative law judge; (e) While the contested case proceeding is pending; (f) That is made without notice and opportunity for the agency and all parties to participate in the communication. (2) If an administrative law judge receives an ex parte communication during the pendency of the contested case proceeding, the administrative law judge shall place in the record: (a) The name of each individual from whom the administrative law judge received an ex parte communication; (b) A copy of any ex parte written communication received by the administrative law judge; (c) A memorandum reflecting the substance of any ex parte oral communication made to the administrative law judge; (d) A copy of any written response made by the administrative law judge to any ex parte oral or written communication; and (e) A memorandum reflecting the substance of any oral response made by the administrative law judge to any ex parte oral or written communication. (3) The administrative law judge shall advise the agency and all parties in the proceeding that an ex parte communication has been made a part of the record. The administrative law judge shall allow the agency and parties an opportunity to respond to the ex parte communication. Any responses shall be made part of the record. (4) The provisions of this rule do not apply to: (a) Communications made to an administrative law judge by other administrative law judges; or (b) Communications made to an administrative law judge by any person employed by the Office of Administrative Hearings to assist the administrative law judge.