TITLE 74: PUBLIC FINANCE
CHAPTER II: COMPTROLLER
PART 310 RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 310.231 EX PARTE COMMUNICATIONS


 

Section 310.231  Ex Parte Communications

 

a)         Except in the disposition of matters that the Office of the Comptroller is authorized by law to entertain or dispose of on an ex parte basis, Office of the Comptroller Department heads, employees and hearing officers shall not, after notice of hearing in a contested case or licensing to which the procedures of a contested case apply under the Act, 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 opportunity for all parties to participate.

 

b)         However, an Office of the Comptroller employee may communicate with other employees of the Office of the Comptroller, and an Office of the Comptroller employee or hearing officer may have the aid and advice of one or more personal assistants.

 

c)         An ex parte communication received by any Office of the Comptroller Department head, employee or hearing officer shall be made a 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. [5 ILCS 100/10-60]

 

(Source:  Added at 42 Ill. Reg. 16010, effective August 1, 2018)