4723-16-09 Ex parte communication.

(A) No representative of record shall communicate with a board member or hearing examiner concerning a pending adjudication without the participation of the opposing representative of record, unless the communication relates to a procedural matter.

(B) No board member or hearing examiner shall engage in communication with or on behalf of any representative of record without the participation of the opposing representative of record, unless the communication relates to a procedural matter.

(C) A board member or hearing examiner shall disclose to the representatives of record and members of the board, any communication or attempted communication that appears to violate paragraph (A) or (B) of this rule. Such disclosure shall be made by the hearing examiner prior to the completion of deliberations on the pending adjudication.

HISTORY: Eff 2-1-00; 2-9-05

Rule promulgated under: RC 119.03

Rule authorized by: RC 4723.07

Rule amplifies: RC 4723.28

R.C. 119.032 review date: 02/09/2010