| (a) Ex parte communications. After an umpire is selected
and before the appraisal is completely resolved:
(1) The umpire may not communicate separately with
either party or either party's appraiser regarding the pending appraisal
unless the umpire notifies the other party and gives the other party
the opportunity to participate.
(2) No party or appraiser may communicate with the
umpire regarding the pending appraisal without including the other
party or appraiser, except that:
(A) an appraiser may identify the parties' counsel
or experts;
(B) an appraiser may discuss logistical matters, such
as setting the time and place of meetings or making other arrangements
for the conduct of the proceedings. The appraiser initiating this
contact with the umpire must promptly inform the other appraiser;
or
(C) if an appraiser fails to attend a meeting or conference
call after receiving notice, or if both parties agree in writing,
the opposing appraiser may discuss the claim with the umpire who is
present.
(b) Confidentiality. After an umpire is notified that
the umpire may be on an umpire selection panel, the umpire may not
at any time communicate any information about the appraisal with anyone
besides the parties, the association, the appraisers, and the department.
However, the umpire may communicate information about the appraisal
with the written consent of the parties.
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