Laws Regarding Ex Parte Communications
Administrative Procedure Act, 5 U.S.C.
§ 557. Initial decisions; conclusiveness; review by
agency; submissions by parties; contents of decisions; record
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RULES OF PRACTICE AND PROCEDURE
SUBTITLE A--OFFICE OF THE SECRETARY OF
PART 18--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
§ 18.38 Ex parte communications.
(a) The administrative law judge shall not consult any
person, or party, on any fact in issue unless upon notice and
opportunity for all parties to participate. Communications by the
Office of Administrative Law Judges, the assigned judge, or any
party for the sole purpose of scheduling hearings or requesting
extensions of time are not considered ex-parte communications,
except that all other parties shall be notified of such request
by the requesting party and be given an opportunity to respond
(b) Sanctions. A party or participant who makes a
prohibited ex parte communication, or who encourages or solicits
another to make any such communication, may be subject to any
appropriate sanction or sanctions, including, but not limited to,
exclusion from the proceedings and adverse ruling on the issue
which is the subject of the prohibited communication.