No party involved in an appeal may communicate, either directly
or indirectly, with appeals examiners, the Chief of the Appeals Bureau, or
clerical staff of the Appeals Bureau, regarding any issue of fact or law
relevant to an appeal, unless all parties involved have been provided notice
and an opportunity to participate in such communication. No person acting on
behalf of any party, including the Idaho Department of Labor, may attempt to
influence the disposition of an appeal through such communications. No appeals
examiner may knowingly cause a communication prohibited by this section to be
made. (3-23-22)
01.
Prohibition
of Ex Parte Contacts. The prohibition on ex parte contacts contained in
this rule applies from the time an appeal is filed pursuant to IDAPA
09.01.01.025 or IDAPA
09.01.01.027 until the appeal becomes final and
conclusive pursuant to Sections
72-1368 and
45-617, Idaho Code.
(3-23-22)
02.
Issues of
Fact. As used in this rule, the term "issue of fact or law
relevant to an appeal" includes any matter relating to the merits
of an appeal but does not include questions of appeals procedure or case status
inquiries. Parties may not direct questions of appeals procedure or case status
inquiries to the appeals examiner assigned to their case but rather to other
appeals examiners, the Chief of the Appeals Bureau (unless he or she is
functioning as the appeals examiner in the case), or to clerical staff of the
Appeals Bureau. (3-23-22)
03.
Reporting Prohibited Contacts. An appeals examiner or other
Appeals Bureau employee who receives a communication prohibited by this rule
must place in the record of the case all such written communications or a
memorandum stating the substance of all such oral communications. The Appeals
Bureau must send a full copy of the communication to other interested parties
to the appeal and allow an appropriate time for the parties to respond.
(3-23-22)
