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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.9.1712    EX PARTE COMMUNICATIONS

(1) No member of the commission may participate in or initiate any ex parte communication as defined in (2) on the merits of a matter with any party or the department. A member of the commission may engage in a communication concerning administrative or procedural matters where they are necessary under the circumstances and do not adversely affect the substantial rights of a party.

(2) "Ex parte communication" means the act of a party to a contested case, any employee of the department, any person having an interest in the outcome of a contested case or any other person not authorized by law, communicating with a member of the commission regarding the merits of any contested case. Communications which do not constitute discussions or information regarding an issue of fact or law in a contested case, such as discussions of enlargements of time, scheduling, administrative matters and/or questions of procedure do not constitute ex parte communications.

(3) The commission may consult with any person not a party to the pending matter, or with the department regarding the interpretation of a point of law.

History: 49-2-204 and 49-3-106, MCA; IMP, 2-4-613, 49-2-204, 49-2-505, and 49-2-509, MCA; NEW, 1998 MAR p. 3201, Eff. 12/4/98.

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