Ex parte communication is written or oral communication that occurs between the PUC and a person or entity concerning pending issues in an open contested case proceeding without notice to that proceeding’s parties and participants. Ex parte communication with Commissioners and Commission staff is prohibited under Hawaii Administrative Rules Section 16-601-29.
This means that private or “off the record” communications to the Commissioners or Commission staff from anyone about pending contested case proceedings are prohibited. This restriction ensures that Commission decisions are made consistent with the public interest and without improper influence.
However, issues that have no bearing on the merits or the substance of the proceeding, such as procedural scheduling or status inquiries, are not considered ex parte communication and are therefore allowed.