| (a) No person, party, attorney of record, or authorized
representative in any contested case shall violate Government Code, §2001.061
by directly or indirectly engaging in ex parte communication concerning
a contested case with an ALJ, board member, board delegate, or a hearings
examiner assigned to render a decision or make findings of fact and
conclusions of law in a contested case.
(b) Unless prohibited by Government Code, §2001.061,
department staff who did not participate in the hearing may advise
a board member, a board delegate, or a hearings examiner, regarding
a contested case and any procedural matters.
(c) Department staff shall not recommend a final decision
to the board unless the department is a party to the contested case.
(d) A violation of this section shall be promptly reported
to the board chair or chief hearings examiner, as applicable, and
the general counsel of the department.
(e) The general counsel shall ensure that a copy or
summary of the ex parte communication is included with the record
of the contested case and that a copy is forwarded to all parties
or their authorized representatives.
(f) The general counsel may take any other appropriate
action otherwise provided by law.
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