SECTION 67.101. Ex Parte Communications

(a) Unless required for the disposition of ex parte matters authorized by law, the Executive Director, Examiners, Trustees or the Board's designee assigned to render a proposal for decision or Order, or to make proposed or adopted findings of fact and conclusions of law in a Proceeding may not communicate, directly or indirectly, in connection with any issue of fact or law with any Party or his Authorized Representative, except on notice and opportunity for all Parties to participate.

(b) Any contact with any Trustees, the Board, or its designee by a Party, an Authorized Representative or someone acting for a Party during the appeal process, other than that described in §67.89 of this chapter (relating to presentation of contested cases to the Board or its designee), is improper.

(c) This rule does not apply to communications between the Executive Director, Board or its designee and their staff, including, but not limited to the ERS general counsel and staff experts as permitted by Government Code §2001.061(c).

Source Note: The provisions of this §67.101 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective May 30, 1991, 16 TexReg 2737; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302