(1) At any time that petitions, complaints, objections, election challenges, or other contested case matters have been set for hearing by the board or its agents, if any party or counsel in the case communicates with the board, board member, or the board agent assigned to such case, concerning any fact in dispute in the case, the board, board member or board agent, as appropriate, shall notify all other parties and counsel in the case of such communications, either orally or in writing, and shall expressly include a statement of such communication, notification to other parties and counsel, and responses received thereto in the record of the case.

(2) The mere noting of such ex parte communications in the record will not be considered evidence of the facts in dispute unless otherwise agreed by all parties to the case. The board and its agents shall rely only on the admissible evidence of record in determining the merits of any disputed issue in a case.

(3) This rule shall not apply to matters presented or obtained during preliminary investigation of the petition, complaint, objections, or challenge, made by board agents prior to the service of the notice of hearing in a case, and shall not apply to requests for subpoenas.