SECTION 107.59. Ex Parte Consultations

(a) Unless required for the disposition of ex parte matters authorized by law, Board members or Board employees assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact or law with any party or his representative, except on notice and opportunity for all parties to participate.

(b) A Board member or Board employee may communicate ex parte with another Board member or Board employee unless prohibited by other law.

(c) Under the APA, Texas Government Code §2001.090, a Board member or Board employee assigned to render a decision or make findings of fact and conclusions of law in a contested case may communicate ex parte with a Board employee who has not participated in a hearing in the case for the purpose of using the special skills or knowledge of the agency and its staff in evaluating the evidence.

Source Note: The provisions of this §107.59 adopted to be effective January 1, 1976; amended to be effective September 14, 2010, 35 TexReg 8343