(a) The administrative law judge shall not consult any person, or
party, on any fact in issue unless upon notice and opportunity for all
parties to participate. Communications by the Office of Administrative
Law Judges, the assigned judge, or any party for the sole purpose of
scheduling hearings or requesting extensions of time are not considered
ex-parte communications, except that all other parties shall be notified
of such request by the requesting party and be given an opportunity to
respond thereto.
(b) Sanctions. A party or participant who makes a prohibited ex
parte communication, or who encourages or solicits another to make any
such communication, may be subject to any appropriate sanction or
sanctions, including, but not limited to, exclusion from the proceedings
and adverse ruling on the issue which is the subject of the prohibited
communication.
