California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 2 - California Unemployment Insurance Appeals Board › Chapter 3 - Appellate Operations › Section 5110 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in this rule, after a
				  board appeal is filed or a proceeding is otherwise initiated before the board,
				  and while the proceeding is pending, there shall be no direct or indirect
				  communication regarding any issue in the proceeding to any board member from
				  any party or interested person, without notice and the opportunity for all
				  parties to participate in the communication.
(b) A communication made on the record is
				  permissible.
(c) A document that is
				  filed and served is permissible.
(d) A communication concerning a matter of
				  procedure or practice is presumed to be permissible, unless the topic of the
				  communication appears to the board member to be controversial in the context of
				  the specific case. If so, the board member shall so inform the other
				  participant and may terminate the communication or continue it until after
				  giving all parties notice and opportunity to participate. Any written
				  communication concerning a matter of procedure or practice, and any written
				  response, or a written memorandum identifying the participant and stating the
				  substance of any such oral communication or response, shall be added to the
				  case file. Unless otherwise provided in the code or these rules, the board may
				  determine a matter of procedure or practice based upon a permissible ex-parte
				  communication. The term "matter of procedure or practice" shall be liberally
				  construed.
(e) A communication
				  permitted under Government Code section
				  11430.30
				  is permissible.
(f) While a
				  proceeding is pending before the board, there shall be no communication, direct
				  or indirect, regarding the merits of any issue in the proceeding, between any
				  administrative law judge serving as presiding officer in the proceeding and any
				  board member. This prohibition does not apply where a board member serves as
				  presiding officer, or where the administrative law judge does not issue a
				  decision in the proceeding.
(g) If
				  a board member receives a communication in violation of this rule, he or she
				  shall comply with the requirements of Government Code section
				  11430.50.
(h) If, before a proceeding is pending before
				  the board, a board member receives a communication of a type that would be in
				  violation of this rule if received while the proceeding was pending, the board
				  member, promptly after the proceeding becomes pending, shall comply with the
				  requirements of Government Code section
				  11430.50.
1. Amendment
					 filed 12-20-67; effective thirtieth day thereafter (Register 67, No.
					 51).
2. Amendment filed 4-5-77; effective thirtieth day thereafter
					 (Register 77, No. 15).
3. Amendment filed 7-21-78; effective
					 thirtieth day thereafter (Register 78, No. 29).
4. Repealer of
					 former section
					 5110 and renumbering of former
					 section 5122 to section
					 5110, including amendment of
					 section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99, No.
					 6).
Note: Authority cited: Section
						11400.20,
						Government Code; and Section
						411,
						Unemployment Insurance Code. Reference: Sections
						1951,
						2712
						and
						3262,
						Unemployment Insurance Code.