Ariz. Admin. Code § 12-4-605

Current through Register Vol. 30, No. 49, December 6, 2024

Section R12-4-605 - Ex Parte Communication

A. A party shall not communicate, either directly or indirectly, with a Commissioner about any substantive issue in a pending contested case or appealable agency action, unless:

1. All parties are present;

2. The communication occurs during the scheduled proceeding, where an absent party failed to appear after proper notice; or

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

B. A Commissioner who receives an ex parte communication shall place on the public record of the proceeding :

1. A copy of the written communication;

2. A summary of the oral communication; and

3. The Commissioner's response to any such ex parte communication.

C. The provisions of this Section apply from the date that a notice of hearing for a contested case or an appealable agency action is served on the parties.

Ariz. Admin. Code § R12-4-605

Adopted effective December 22, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 2245, effective July 6, 2004 (Supp. 04-2). Amended and renumbered from R12-4-604 by final expedited rulemaking at 24 A.A.R. 393, effective 2/6/2018.