SECTION 142.3. Ex Parte Communications

(a) No person, except as otherwise provided in subsection (c) of this section, may communicate, either directly or indirectly, with the administrative law judge regarding any facts, issues, law or rules relating to the benefit contested case hearing after the hearing has been set, and until all administrative and judicial remedies have been exhausted, unless all parties to the hearing are present, except where the communication is:

(1) written; and

(2) delivered to all parties, as provided by §142.4 of this title (relating to Delivery of Copies to All Parties).

(b) Notwithstanding subsection (a) of this section, any of the individuals named in subsection (a) may communicate with the administrative law judge in any manner regarding procedural issues.

(c) An administrative law judge assigned to render a decision in a benefit contested case hearing, may communicate ex parte with other division employees for the purpose of utilizing their special skills or knowledge in evaluating the evidence.

Source Note: The provisions of this §142.3 adopted to be effective February 12, 1991, 16 TexReg 463; amended to be effective May 10, 2000, 25 TexReg 3990; amended to be effective January 7, 2019, 44 TexReg 108