Subchapter D. EX PARTE COMMUNICATIONS
Sec.
702.31. Definitions.
702.32. General rules.
Cross References This subchapter cited in 61 Pa. Code § 703.21 (relating to prehearing conference).
§ 702.31. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Communication—A verbal, written or electronic correspondence.
Ex parte communication—A communication regarding the substantive merits of a petition, outside of a public hearing and without notice and opportunity for the other party to participate.
Waiver—An acknowledgement to the staff by a party or its representative that the party chooses not to participate in a communication between the staff and the other party and agrees not to thereafter object to the communication.
§ 702.32. General rules.
(a) Communication with Board members and staff. Neither Board members nor staff may participate in an ex parte communication.
(b) Written and electronic submission. A written or electronic submission provided to the Board or staff by a party shall be promptly provided to the other party, consistent with § 703.6 (relating to service).
(c) Notification. The Board and staff will make every reasonable effort to avoid an ex parte communication. Upon discovery of an ex parte communication, the Board or staff will promptly notify the other party in writing by way of electronic transmittal, when available, and if not, in writing by mail as set forth in § 702.4 (relating to filing generally). The Board may take any reasonable measures deemed necessary to remedy an ex parte communication.
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