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 his designee 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.

HISTORY: Replaces rule 4906-7-14 Case No. 86-1440-GE-BRO; Eff 12-27-76; 7-7-80; 6-10-89; 12-15-03

Rule promulgated under: RC 111.15

Rule authorized by: RC 4906.03

Rule amplifies: RC 4906.03, 4906.12, 4906.06, 4903.081

RC 119.032 review dates: 9/30/03, 9/30/08