Ill. Admin. Code tit. 26, § 125.810 - Ex Parte Communications
a)
Except in the disposition of matters they are authorized by law to entertain or
dispose of on an ex parte basis, members of the Board, employees of the Board
and Hearing Officers shall not, after the commencement of any proceeding
pursuant to Article 9 or this Part, communicate, directly or indirectly with
any party in connection with any pending issue except upon notice and
opportunity for all parties to participate. If a party contacts an employee of
the Board or the Hearing Officer without notice and an opportunity for the
remaining parties to participate, and the party specifically references a
pending complaint, the employee or Hearing Officer may provide only the time
and place of the next hearing and contact information for the Hearing Officer
and remaining parties, and shall instruct the party that future communications
regarding the matter must include all parties.
b) With respect to any complaint filed
pursuant to Subpart B, the prohibition provided for in subsection (a) shall
commence with the filing of the complaint.
c) Nothing in this Section shall prohibit
Board staff or Board members from communicating with each other, or a Hearing
Officer or Board member from communicating with employees of the Board, to
obtain their aid and advice on technical matters that fall within the area of
expertise of the employee consulted.
d) Ex parte communications may also be
governed by Section 5-50 of the State Officials and Employees Ethics Act
[5 ILCS
430 ].
e)
The Board may institute sanctions against any violator of this Section as it
may deem appropriate and authorized by law.
Notes
Amended at 35 Ill. Reg. 2351, effective February 4, 2011
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