Ariz. Admin. Code § 12-5-2313

Current through Register Vol. 30, No. 35, August 30, 2024

Section R12-5-2313 - Ex Parte Communications

A. Prohibitions. A party shall not communicate, directly or indirectly, orally or in writing, with a member of the Board about any substantive issue relating to a proceeding before the Board unless:

1. All parties are present, either personally or by an attorney;

2. It is during a scheduled proceeding where an absent party fails to appear after proper notice; or

3. It is by written motion with a copy to all parties.

B. Record. A Board member who receives an ex parte communication shall place in the public record of the proceeding:

1. A copy of the ex parte communication if the communication is written; or

2. A summary of the substance of the ex parte communication if the communication is oral.

C. Action by Board. Upon receipt of an ex parte communication by a member of the Board, the Board, to the extent consistent with the interests of justice, may require the party making the ex parte communication to show cause why the party's claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected by the violation.

Ariz. Admin. Code § R12-5-2313

Adopted effective November 27, 1995 (Supp. 95-4). Amended by final rulemaking at 13 A.A.R. 4216, effective February 2, 2008 (Supp. 07-4).