D.C. Mun. Regs. r. 15-108

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 15-108 - EXPARTE COMMUNICATIONS

108.1

No interested person may, with respect to any case, make (or knowingly cause to be made) to any Commissioner, Hearing Agent, or personal assistant to the Commissioners, any ex parte communication while the proceeding is pending before the Commission.

108.2

The provisions of § 108.1 do not apply to any of the following communications:

(a) Those specifically authorized by law to be made on an ex parte basis;

(b) Those related to a matter of procedure; or

(c) Those made in the course of another proceeding of the Commission to which it primarily relates, and is on the public record.

108.3

Any employee of the Commission or person may apply to the Office of General Counsel for an advisory opinion as to whether any provision of this section is applicable to a communication.

108.4

A proceeding is considered pending before the Commission when it is noticed for hearing, or when a communicator who reasonably believes it will be noticed for hearing obtains such knowledge (but not before the proceeding is docketed).

108.5

A proceeding ends when the Commission's decision becomes final for purposes of judicial review.

108.6

If a proceeding is phased or segmented so that one or more parts of the proceeding constitute informal rulemaking and one or more parts constitute contested proceedings, the Commission may, by order, provide that each phase or segment shall constitute a separate proceeding for purposes of this rule.

108.7

Any Commissioner, personal assistant to a Commissioner, hearing agent or person appointed to advise the Commission, who receives an ex parte communication prohibited by this section shall, within forty-eight (48) hours after first having reason to believe that the communication is prohibited, prepare and deliver to the Secretary a written statement setting forth the substance of the communication if it is in oral form, or deliver to the Secretary the actual communication if it is in written form.

108.8

The Secretary shall place any statement or communication in public files associated with the proceeding, but separate from the record upon which the Commission will rely in reaching its decision. The Secretary shall mail to each person on the official service list of the proceeding a copy of any such statement or communication.

108.9

If the Commission determines that a communication was knowingly made (or caused to be made) by a party acting in violation of this section, the Commission may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause why his or her claim or interest in the proceeding should not be dismissed, denied, or otherwise adversely affected.

D.C. Mun. Regs. r. 15-108

Final Rulemaking published at 28 DCR 2984, 2990 (July 3, 1981); as amended by Final Rulemaking published at 29 DCR 97 (January 1, 1982); and by Final Rulemaking published at 39 DCR 5117, 5118 (July 10, 1992)