OAR 839-050-0310: 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 contested case proceeding, concerning a fact in issue in the proceeding, but does not include communication from agency staff or counsel about facts already in the record. (2) The Administrative Law Judge will place on the record a statement of the substance of any ex parte communication on a fact in issue made to the Administrative Law Judge while the proceeding is pending. Participants will be given notice of such ex parte communication and of their right to rebut the substance of the ex parte communication on the record.