California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 2 - California Unemployment Insurance Appeals Board › Chapter 2 - Field Operations › Section 5059 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in this rule, after an
				  appeal or petition is filed, and while the proceeding is pending, there shall
				  be no direct or indirect communication regarding any issue in the proceeding to
				  the administrative law judge from any party or other interested person, without
				  notice and the opportunity for all parties to participate in the
				  communication.
(b) A communication
				  made on the record in the hearing is permissible.
(c) A document filed or submitted to the
				  administrative law judge is permissible if it is added to the case file, so
				  that all parties have a reasonable opportunity to review it.
(d) A communication concerning a matter of
				  procedure or practice is presumed to be permissible, unless the topic of the
				  communication appears to the administrative law judge to be controversial in
				  the context of the specific case. If so, the administrative law judge 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 participants and
				  stating the substance of any such oral communication or response, shall be
				  added to the case file so that all parties have a reasonable opportunity to
				  review it. Unless otherwise provided by the code or these rules, an
				  administrative law judge may determine a matter of procedure or practice based
				  upon a permissible ex-parte communication. The term "matters of procedure or
				  practice" shall be liberally construed.
(e) A communication from the department to
				  the administrative law judge which is permissible under Government Code section
				  11430.30
				  is permitted only if any such written communication and any written response,
				  or a written memorandum identifying the participants and stating the substance
				  of any such oral communication or response, is added to the case file so that
				  all parties have a reasonable opportunity to review it.
(f) If the administrative law judge receives
				  a communication in violation of this rule, he or she shall comply with the
				  requirements of Government Code section
				  11430.50.
(g) If before serving as a presiding officer
				  in a proceeding the administrative law judge receives a communication of a type
				  that would be in violation of this rule if received while serving as presiding
				  officer, the administrative law judge, promptly after starting to serve, shall
				  comply with the requirements of Government Code section
				  11430.50.
1.
					 Renumbering of former section
					 5048 to new section
					 5059, 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.