.100 Prohibited communications.
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13B.100 Prohibited communications.
(1)
Unless required for the disposition of ex parte matters specifically authorized by
statute, a hearing officer shall not communicate off the record with any party to the
hearing or any other person who has a direct or indirect interest in the outcome of
the hearing, concerning any substantive issue, while the proceeding is pending.
(2)
The prohibition stated in subsection (1) shall not apply to:
(a) Communication with other agency staff, if the communication is not an ex
parte communication received by staff; and
(b) Communication among members of a collegial body or panel which by law is
serving as a hearing officer.
(3)
If an ex parte communication occurs, the hearing officer shall note the occurrence
for the record, and he shall place in the record a copy of the communication, if it
was written, or a memorandum of the substance of the communication, if it was
oral.
Effective: July 15, 1996
History: Created 1994 Ky. Acts ch. 382, sec. 10, effective July 15, 1996.
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