§9055. Ex parte communications; separation of functions
1.Communication prohibited. In any adjudicatory proceeding, no agency members authorized to take final action or presiding officers designated by the
agency to make findings of fact and conclusions of law may communicate directly or indirectly in connection with any issue
of fact, law or procedure, with any party or other persons legally interested in the outcome of the proceeding, except upon
notice and opportunity for all parties to participate.
[
1985, c. 506, Pt. A, §5 (AMD)
.]
2.Communication permitted. This section shall not prohibit any agency member or other presiding officer described in subsection 1 from:
A. Communicating in any respect with other members of the agency or other presiding officers; or [1977, c. 551, §3 (NEW).]
B. Having the aid or advice of those members of his own agency staff, counsel or consultants retained by the agency who have
not participated and will not participate in the adjudicatory proceeding in an advocate capacity. [1979, c. 425, §11 (AMD).]
[
1979, c. 425, §11 (AMD)
.]
SECTION HISTORY
1977, c. 551, §3 (NEW).
1979, c. 425, §11 (AMD).
1985, c. 506, §A5 (AMD).
Data for this page extracted on 03/10/2010 10:56:36.