[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR202.122]



[Page 48]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE

 

PART 202_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS

AND STOCKYARDS ACT--Table of Contents

 

Sec. 202.122  Rule 22: Ex parte communications.



    (a) At no stage of the proceeding between its docketing and the 

issuance of the final decision shall the presiding officer or judicial 

officer discuss ex parte the merits of the proceeding with any party, or 

attorney or representative of a party: Provided, That procedural matters 

shall not be included within this limitation; and Provided further, That 

the presiding officer or judicial officer may discuss the merits of the 

case with such a person if all parties to the proceeding or their 

attorneys or representatives have been served with notice and an 

opportunity to participate. A memorandum of any such discussion shall be 

included in the record.

    (b) No party, or attorney or representative of a party, or other 

person not an employee of the Department, shall make or knowingly cause 

to be made to the presiding officer or judicial officer an ex parte 

communication relevant to the merits of the proceeding.

    (c) If the presiding officer or judicial officer receives an ex 

parte communication in violation of this section, the one who receives 

the communication shall place in the public record of the proceeding:

    (1) Such communication if written, or a memorandum stating the 

substance of such communication if oral; and

    (2) A copy of any written response or a memorandum stating the 

substance of any oral response thereto.

    (d) Copies of all such items placed or included in the record, as 

provided in this section, shall be served on all parties.

    (e) For purposes of this section ``ex parte communication'' means an 

oral or written communication not on the public record with respect to 

which reasonable prior notice to all parties is not given, but it shall 

not include a request for a status report on any matter or the 

proceeding.