Sec.1-21j-20. Ex parte communication

(a) Unless required for the disposition ex parte of matters authorized by law, no commissioner or hearing officer who, in a contested case, is to render a final decision or to make a proposed final decision shall communicate, directly or indirectly, in connection with any issue of fact with any person or party, or in connection with any issue of law, with any party or the party's representative, without notice and opportunity for all parties to participate.

(b) Notwithstanding the provisions of subsection (a) of this section, a commissioner, in conformity with the Freedom of Information Act, may communicate with other commissioners regarding a matter pending before the commission, and commissioners or a hearing officer may receive the aid and advice of employees or agents of the commission if those employees or agents have not received communications prohibited by subsection (a) of this section. In a contested case, this regulation shall not be construed to preclude such routine communications as are necessary to permit the commission staff, not assigned to render a decision or to make findings of fact and conclusions of law in a contested case, to investigate facts and to conduct the informal conferences that may be held pursuant to sections 1-21j-1 to 1-21j-57, inclusive, of the regulations of Connecticut state agencies at any time before, during and after the hearing thereof.

(c) Unless required for the disposition of ex parte matters authorized by law, no party or intervenor in a contested case, no other agency, and no person who has a direct or indirect interest in the outcome of the case, shall communicate, directly or indirectly, in connection with any issue in that case, with a hearing officer or commissioner, or with any employee or agent of the commission assigned to assist the hearing officer or commissioners in such case, without notice and opportunity for all parties to participate in the communication.

(d) The provisions of this section shall apply from the date the matter pending before the commission commences as a contested case, as set forth in section 1-21j-27 of the regulations of Connecticut state agencies, to and including the effective date of the final decision.

(Effective January 17, 1984; Amended January 20, 1999)