|(a) No person, party, attorney of record, or authorized
representative in any contested case shall engage in, directly or
indirectly, any ex parte communication, in violation of Government
Code, §2001.061, concerning the contested case with the board
or hearing officer assigned to render a decision or make findings
of fact and conclusions of law in a contested case.
(b) Except as prohibited by Government Code §2001.061,
department staff may advise the board, the hearing officer, and a
person delegated power from the board under Occupations Code §2301.154
regarding the contested case and any procedural matters. However,
the department staff shall not recommend a final decision to the board
unless the department is a party to the contested case.
(c) Violations of this section shall be promptly reported
to the hearing officer, as applicable, and the general counsel of
the department. 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. The general counsel may take any other appropriate
action otherwise provided by law.
|Source Note: The provisions of this §215.22 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective February 28, 2021, 46 TexReg 1257