Sec.1-92-18. Ex parte communication

Unless required for the disposition ex parte of matters authorized by law, neither members of the Citizen's Ethics Advisory Board nor any person designated as a judge trial referee shall communicate directly or indirectly with any person or party concerning any issue of fact or with any party or his representative concerning any issue of law involved in any probable cause hearing or board hearing that has been commenced, except upon notice and opportunity for all parties to participate. During the course of any board hearing, no ex parte communication concerning the complaint or the respondent shall occur between the board, or any of its members, and: (1) the judge trial referee, (2) any staff member of the enforcement division of the Office of State Ethics, (3) the respondent or his representative, or, (4) intervenors or their representatives (if any). The members of the board may severally communicate with each other, in conformity with the Freedom of Information Act, and may have the aid and advice of the general counsel of the Office of State Ethics, members of the legal division of the Office of State Ethics, or the Attorney General when such assistance is requested by the board or the judge trial referee. The board, or the staff of the legal division on its behalf, or any proper party may address the judge trial referee regarding any procedural issue affecting the proceedings. This rule shall not be construed to preclude such routine communications as are necessary to permit the board or the staff of the Office of State Ethics to investigate facts and to conduct informal staff conferences at any time during and after any hearing, meeting or other enforcement proceeding provided such routine communications during a board hearing do not involve ex parte discussions between the enforcement division staff and any board member concerning the complaint or the respondent.

(Effective February 14, 1980; Amended January 2, 2008; Amended June 24, 2009; Amended May 11, 2023)