(a) The hearing officer shall not participate in ex
parte communications, directly or indirectly, in any matter in connection
with any substantive issue, with any interested person or party. Likewise,
no person shall attempt to engage in ex parte communications with
the hearing officer on behalf of any interested person or party.
(b) If the hearing officer receives any such ex parte
communication, the other parties shall be given an opportunity to
review any such ex parte communication.
(c) Nothing shall prevent the hearing officer from
communicating with parties or their representatives about routine
matters such as requests for continuances or opportunities to inspect
the file.
(d) The hearing officer may initiate communications
with an impartial Agency employee who has not participated in a hearing
or any determination in the case for the limited purpose of using
the special skills or knowledge of the Agency and its staff in evaluating
the evidence.
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