N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 645-6.13 - Communication with the hearing officer or the commission in absence of other parties (ex parte rule)

(a) At all times following the determination to conduct a public hearing, no party shall, directly or through a representative, communicate with the hearing officer, the commission, or any member of the commission in connection with any issue without providing notice and an opportunity for all parties to participate.

(b) At all times following the determination to conduct a public hearing, the hearing officer, the commission, or any member of the commission shall not, directly or through a representative, communicate with any party in connection with any issue without providing notice and an opportunity for all parties to participate; provided, however, that any party may ask for a clarification of procedures from the commission, and the hearing officer, the commission, or any member of the commission may request aid and advice from any member or employee of the commission other than the staff acting as a party to the case.

(c) Nothing herein shall preclude counsel to the commission from giving legal advice to the commission, regardless of whether the counsel to the commission is involved in the presentation by the staff of a case which involves a commission decision.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.13