Section 1790.510  Ex Parte Communications

a)         No party may engage in any ex parte communication with an ALJ or with any member of the Board regarding matters pending before an ALJ.  However, a party not represented by an attorney or attorney for a party may engage in communications with the other party (if not represented by an attorney) or the attorney for a party outside the presence of the ALJ.

b)         The ALJ shall not initiate ex parte communications, directly or indirectly, in any matter in connection with any substantive issue, with any interested person or party. If the ALJ receives any such ex parte communication, including any documents, he or she shall inform the other party of the substance of any such oral communication or documents. The other party shall be given an opportunity to review any such ex parte communication.

c)         Nothing shall prevent the ALJ from communicating ex parte about routine matters, such as requests for continuances, as long as all parties are informed of the substance of the ex parte communication. The date and type of communication, the persons involved, and the results of such routine communications shall be part of the record. The ALJ and Board staff may communicate in order for Board staff to provide administrative support to the ALJ, such as making copies, technical matters, and other such administrative matters.