Md. Code Regs. 26.01.02.32

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.01.02.32 - Ex Parte Communications

A. Generally Prohibited.

(1) Except as provided in §A(2), of this regulation, an individual who is not authorized to participate in the decision-making process of a contested case may not communicate ex parte with an individual who is involved in the process with regard to any issue of law or fact in the contested case.

(2) An individual who is involved in the decision-making process may communicate with members of an advisory staff of the Department, with other employees of the Office of Hearings, or with any counsel for the Department who otherwise does not participate in the contested case.

B. Disclosure. An individual who is involved in the decision-making process and who is personally aware of an ex parte communication that is made in violation of §A of this regulation shall:

(1) Include in the record of the contested case:

(a) Each written communication received;

(b) A memorandum that states the substance of each oral communication received;

(c) Each written response to a communication; and

(d) A memorandum that states the substance of each oral response to the communication; and

(2) Send to each party a copy of each communication, memorandum, and response.

C. Rebuttal. A party may rebut an ex parte communication if the party requests the opportunity to rebut within 10 days after notice of the communication.

D. Remedial Action.

(1) To eliminate the effect of an ex parte communication that is made in violation of §A of this regulation, the decision maker may:

(a) Withdraw from the proceeding; or

(b) Terminate the proceeding without prejudice.

(2) An order to terminate the proceeding without prejudice shall state the last date by which a party may reinstitute the proceeding.

Md. Code Regs. 26.01.02.32

Regulations .32 adopted effective October 16, 1989 (16:20 Md. R. 2183)