4906-7-02 Ex parte discussion of cases.

After a case has been assigned a formal docket number, neither any board member nor any administrative law judge assigned to the case shall discuss the merits of the case with any party or intervenor to the proceeding, unless all parties and intervenors have been notified and have been given the opportunity of being present or a full disclosure of the communication insofar as it pertains to the subject matter of the case has been made..

When an ex parte discussion occurs, a representative of the party or parties at the discussion shall prepare a document listing the parties in attendance and providing a full disclosure of the communications made. Within two business days of the occurrence of the ex parte discussion, the document shall be provided to the chairman or board member or to an administrative law judge present at the discussion for review. Upon completion of the review, the final document shall be filed with the board's docketing division and served upon the parties to the case within two business days and the filer shall serve a copy upon the parties to the case and to each participant in the discussion. The document filed and served shall include the following language: Any participant in the discussion who believes that any representation made in this document is inaccurate or that the communications made during the discussion have not been fully disclosed shall prepare a letter explaining the participant's disagreement with the document and shall file the letter with the board and serve the letter upon all parties and participants in the discussion within two business days of receipt of this document.

Effective: 01/25/2009
R.C. 119.032 review dates: 11/10/2008 and 11/30/2013
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03 , 4906.06 , 4906.12 , 4903.081
Prior Effective Dates: 12/27/76, 7/7/80, 6/10/89, 12/15/03