Current through September 2, 2024
Section 62.01.01.255 - EX PARTE COMMUNICATIONS01.Substantive Communications. When a presiding officer receives or participates in an ex parte communication regarding any substantive issue from a party or party representative during a contested case, the presiding officer shall place a copy of the communication, or a detailed summary thereof, in the file for the case. Additionally, the copy or summary of the communication shall also be distributed to all parties of record. Upon request of any party or upon the presiding officer's own motion, the presiding officer shall permit either a hearing or written response by any party not involved in the communication, to allow those parties an opportunity to participate in the communication. Substantive communications are part of the agency record.02.Procedural Communications. The presiding officer may communicate ex parte, orally or in writing, with a party concerning procedural matters (e.g., scheduling). When reasonably feasible, a written confirmation of such communication should be sent to all parties to the proceeding, with a copy placed in the file of the case. Procedural communications are not part of the agency record, except as ordered by the presiding officer in their discretion, either on their own motion or a motion by any party.03.Communications With The General Public. Ex parte communications from members of the general public who are neither parties, interested persons, nor witnesses are not required to be reported by this rule. However, any communications with such persons shall be disclosed to all parties to the proceeding, in writing with a copy to the file, in the event that those persons become parties, interested persons, or witnesses to the proceeding. Hearing or written response shall be permitted in the same manner as with any other substantive ex parte communication.Idaho Admin. Code r. 62.01.01.255