Md. Code Regs. 02.02.06.23

Current through Register Vol. 51, No. 24, December 2, 2024

Section 02.02.06.23 - Ex Parte Communications

A. General Prohibition. Except as provided in §B of this regulation, while a contested case is pending, the Commissioner may not communicate ex parte regarding the merits of any issue in the case with:

(1) A respondent;

(2) A representative or attorney for a respondent;

(3) Division staff or counsel involved in the investigation or presentation of the case; or

(4) An administrative law judge or other hearing officer who presided at an earlier stage of the case.

B. Other Division Staff. The Commissioner may communicate regarding the merits of any issue in the case with the Division's staff or counsel who have not otherwise participated in the investigation or presentation of the case.

C. Disclosure. Ex parte communications received before a hearing in a contested case that would otherwise violate §A of this regulation shall be disclosed in accordance with State Government Article, § 10-219, Annotated Code of Maryland.

Md. Code Regs. 02.02.06.23

Regulation .23B amended effective June 15, 1998 (25:12 Md. R. 944)