86 Ill. Adm. Code 200.215 — Ex Parte Communications

# Ex Parte Communications

TITLE 86: REVENUE CHAPTER I: DEPARTMENT OF REVENUE PART 200 PRACTICE AND PROCEDURE FOR HEARINGS BEFORE THE ILLINOIS DEPARTMENT OF REVENUE SECTION 200.215 EX PARTE COMMUNICATIONS

Section 200.215 Ex Parte Communications a) Except in the disposition of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis, the Director or Assistant Director of Revenue, agency employees and Administrative Law Judges shall not, with respect to any contested matter pending, communicate directly or indirectly, in connection with any issue of fact, with any person or party, or in connection with any other issue with any party or the representative of any party, except upon notice and an opportunity for all parties to participate.

b) An employee of the Department may communicate with other employees, and an employee or Administrative Law Judge may have the aid and advice of one or more personal assistants. However, with the exception of conversations related to scheduling and/or the signing of agreed orders, Administrative Law Judges shall not discuss the aspects of any contested case pending before the Office of Administrative Hearings with a party or representative outside the presence or without the consent of the opposing party.

c) An ex parte communication received by the Director, Assistant Director or Administrative Law Judge shall be made part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received.

d) Communications regarding matters of procedure and practice, such as the format of pleadings, number of copies required, manner of service, and status of proceedings, are not considered ex parte communications under this Section. (Source: Added at 20 Ill. Reg. 888, effective January 1, 1996)

Section 200.215 Ex Parte Communications

a) Except in the disposition of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis, the Director or Assistant Director of Revenue, agency employees and Administrative Law Judges shall not, with respect to any contested matter pending, communicate directly or indirectly, in connection with any issue of fact, with any person or party, or in connection with any other issue with any party or the representative of any party, except upon notice and an opportunity for all parties to participate.

b) An employee of the Department may communicate with other employees, and an employee or Administrative Law Judge may have the aid and advice of one or more personal assistants. However, with the exception of conversations related to scheduling and/or the signing of agreed orders, Administrative Law Judges shall not discuss the aspects of any contested case pending before the Office of Administrative Hearings with a party or representative outside the presence or without the consent of the opposing party.

c) An ex parte communication received by the Director, Assistant Director or Administrative Law Judge shall be made part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received.

d) Communications regarding matters of procedure and practice, such as the format of pleadings, number of copies required, manner of service, and status of proceedings, are not considered ex parte communications under this Section.

(Source: Added at 20 Ill. Reg. 888, effective January 1, 1996)