Ga. Comp. R. & Regs. R. 590-3-7-.08 - Ex parte Communications
(1) Commencing with the filing of a request
for a hearing, no person shall communicate ex parte with the Hearing Officer
relating to the merits of the proceeding without the knowledge and consent of
all other parties to the matter until the matter is no longer pending in any
administrative or judicial forum; provided that:
(a) Where circumstances require, ex parte
communications for scheduling, administrative, or procedural requirements or
purposes, or emergencies that do not deal with substantive matters or issues on
the merits of the case are authorized; if:
1.
the Hearing Officer reasonably believes that no party will gain procedural or
tactical advantage as a result of the ex parte communication, and
2. if appropriate under the circumstances,
the Hearing Officer makes provision promptly to notify all other parties of the
substance of the ex parte communication and allows all other parties an
opportunity to respond; and
(b) Ex parte communications shall not include
normal and customary contact between the Secretary of State and his or her
staff not relating to the contested case.
(2) If the Hearing Officer receives a
communication prohibited by this Rule, the Hearing Officer shall file with the
Clerk any written communication received and a memorandum stating the substance
of any oral communication received. The Clerk shall forthwith notify all
parties of the receipt of such communication and its availability for
inspection.
Notes
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