Section 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.

(Source:  Amended at 47 Ill. Reg. 5503, effective March 30, 2023)