General. Except as permitted by § 2200.120 or as otherwise authorized by law, there shall be no ex parte communication with respect to the merits of any case not concluded, between any Commissioner, Judge, employee, or agent of the Commission who is employed in the decisional process and any of the parties or intervenors, representatives or other interested persons.

Disciplinary action. In the event an ex parte communication occurs, the Commission or the Judge may make such orders or take such actions as fairness requires. The exclusion of a person by a Judge from a proceeding shall be governed by 2200.104(b). Any disciplinary action by the Commission, including suspension or disbarment, shall be governed by 2200.104(c).

Placement on public record. All ex parte communications in violation of this section shall be placed on the public record of the proceeding.

[70 FR 22790, May 3, 2005]