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RULE §142.3 Ex Parte Communications

Published: 2015

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(a) No person, except as otherwise provided in subsection (c)
of this section may communicate, either directly or indirectly, with the hearing
officer regarding any facts, issues, law or rules relating to the benefit
contested case hearing after the hearing has been set, and until all administrative
and judicial remedies have been exhausted, unless all parties to the hearing
are present, except where the communication is:
  (1) written; and
  (2) delivered to all parties, as provided by §142.4
of this title (relating to Delivery of Copies to All Parties).
(b) Notwithstanding subsection (a) of this section, any of
the individuals named in subsection (a) may communicate with the hearing officer
in any manner regarding procedural issues.
(c) A hearing officer assigned to render a decision in a benefit
contested case hearing, may communicate ex parte with other Commission employees
for the purpose of utilizing their special skills or knowledge in evaluating
the evidence.

Source Note: The provisions of this §142.3 adopted to be effective February 12, 1991, 16 TexReg 463; amended to be effective May 10, 2000, 25 TexReg 3990