§9055. Ex parte communications; separation of functions
1. Communication prohibited. In any adjudicatory proceeding, no agency members authorized to take final action or presiding officers designated by the agency to make findings of fact and conclusions of law may communicate directly or indirectly in connection with any issue of fact, law or procedure, with any party or other persons legally interested in the outcome of the proceeding, except upon notice and opportunity for all parties to participate.
[PL 1985, c. 506, Pt. A, §5 (AMD).]
2. Communication permitted. This section shall not prohibit any agency member or other presiding officer described in subsection 1 from:
A. Communicating in any respect with other members of the agency or other presiding officers; or [PL 1977, c. 551, §3 (NEW).]
B. Having the aid or advice of those members of his own agency staff, counsel or consultants retained by the agency who have not participated and will not participate in the adjudicatory proceeding in an advocate capacity. [PL 1979, c. 425, §11 (AMD).]
[PL 1979, c. 425, §11 (AMD).]
SECTION HISTORY
PL 1977, c. 551, §3 (NEW). PL 1979, c. 425, §11 (AMD). PL 1985, c. 506, §A5 (AMD).
Structure Maine Revised Statutes
TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 18: ADMINISTRATIVE PROCEDURES
Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT
Subchapter 4: ADJUDICATORY PROCEEDINGS
5 §9051-A. Notice of environmental agency adjudicatory proceedings
5 §9052-A. Holding of hearings
5 §9053. Disposition without full hearing
5 §9055. Ex parte communications; separation of functions
5 §9056. Opportunity to be heard
5 §9060. Subpoenas and discovery