Current through 2024-51, December 18, 2024
Section 001-11-4 - Ex Parte Communications; Separation of FunctionsA. Communication prohibited. In any adjudicatory proceeding, no presiding officer designated by the Commissioner to make findings of fact and conclusions of law and no other person in a policy making position in the Department as defined in the Maine Administrative Procedure Act shall communicate directly or indirectly in connection with any issue of fact, law or procedure, with any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate.B. Communication permitted. This section shall not prohibit any presiding officer described in subsection A from: 1. Communicating in any respect with other members of the agency or other presiding officers; or 2. Having the aid or advice of those members of his own agency staff, counsel or consultants retained by the agency who have not participated and will not participate in the adjudicatory proceeding in an advocate capacity.01-001 C.M.R. ch. 11, § 4