Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 6 - Contested Cases › Rule 129-6.25 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Prohibited communications. Unless required for the disposition of ex parte
				matters specifically authorized by statute, following issuance of the notice of
				hearing, there shall be no communication, directly or indirectly, between the
				presiding officer and any party or representative of any party or any other
				person with a direct or indirect interest in such case in connection with any
				issue of fact or law in the case except upon notice and opportunity for all
				parties to participate. This does not prohibit persons jointly assigned such
				tasks from communicating with each other. Nothing in this provision is intended
				to preclude the presiding officer from communicating with members of the office
				or seeking the advice or help of persons other than those with a personal
				interest in, or those engaged in personally investigating as defined in subrule
				6.11(2), prosecuting, or advocating in, either the case under consideration or
				a pending factually related case involving the same parties as long as those
				persons do not directly or indirectly communicate to the presiding officer any
				ex parte communications they have received of a type that the presiding officer
				would be prohibited from receiving or that furnish, augment, diminish, or
				modify the evidence in the record.
(2) Prohibitions on ex parte communications
				commence with the issuance of the notice of hearing in a contested case and
				continue for as long as the case is pending.
(3) Written, oral or other forms of
				communication are"ex parte" if made without notice and opportunity for all
				parties to participate.
(4) To
				avoid prohibited ex parte communications, notice must be given in a manner
				reasonably calculated to give all parties a fair opportunity to participate.
				Notice of written communications shall be provided in compliance with rule
				129-6.14 (8B,17A) and may be supplemented by telephone, electronic mail or
				other means of notification. Where permitted, oral communications may be
				initiated through conference telephone call, or other similar electronic means,
				that include all parties or their representatives.
(5) Persons who jointly act as presiding
				officer in a pending contested case may communicate with each other without
				notice or opportunity for parties to participate.
(6) Other persons may be present in
				deliberations or otherwise advise the presiding officer without notice or
				opportunity for the parties to participate as long as they are not disqualified
				from participating in the making of a proposed or final decision under any
				provision of law and they comply with subrule 6.25(1).
(7) Communications with the presiding officer
				involving uncontested scheduling or procedural matters do not require notice or
				opportunity for parties to participate. Parties should notify other parties
				prior to initiating such contact with the presiding officer when feasible, and
				shall notify other parties when seeking to continue hearings or other deadlines
				pursuant to rule 129-6.19 (8B,17A).
(8) Disclosure of prohibited communications.
				A presiding officer who receives a prohibited ex parte communication during the
				pendency of a contested case must initially determine if the effect of the
				communication is so prejudicial that the presiding officer should be
				disqualified. If the presiding officer determines that disqualification is
				warranted, a copy of any prohibited written communication, all written
				responses to the communication, a written summary stating the substance of any
				prohibited oral or other communication not available in written form for
				disclosure, all responses made, and the identity of each person from whom the
				presiding officer received a prohibited ex parte communication shall be
				submitted for inclusion in the record under seal by protective order. If the
				presiding officer determines that disqualification is not warranted, such
				documents shall be submitted for inclusion in the record and served on all
				parties. Any party desiring to rebut the prohibited communication must be
				allowed the opportunity to do so upon written request filed within ten days
				after notice of the communication.
(9) Promptly after being assigned to serve as
				presiding officer at any stage in a contested case proceeding, a presiding
				officer shall disclose to all parties material factual information received
				through ex parte communication prior to such assignment unless the factual
				information has already been or shortly will be disclosed pursuant to Iowa Code
				section
				17A.13(2)
				 or through discovery. Factual information
				contained in an investigative report or similar document need not be separately
				disclosed by the presiding officer as long as such documents have been or will
				shortly be provided to the parties.
(10) The presiding officer may render a
				proposed or final decision imposing appropriate sanctions for violations of
				this rule including default, a decision against the offending party, censure,
				or suspension or revocation of the privilege to practice before the office.
				Violation of ex parte communication prohibitions by office personnel shall be
				reported to the CIO for possible sanctions including censure, suspension,
				dismissal, or other disciplinary action.