Sec. 4-181. Contested cases. Communications by or to hearing officers and members of an agency.
Sec. 4-181. Contested cases. Communications by or to hearing officers and
members of an agency. (a) Unless required for the disposition of ex parte matters
authorized by law, no hearing officer or member of an agency who, in a contested case,
is to render a final decision or to make a proposed final decision shall communicate,
directly or indirectly, in connection with any issue of fact, with any person or party, or,
in connection with any issue of law, with any party or the party's representative, without
notice and opportunity for all parties to participate.
(b) Notwithstanding the provisions of subsection (a) of this section, a member of
a multimember agency may communicate with other members of the agency regarding
a matter pending before the agency, and members of the agency or a hearing officer
may receive the aid and advice of members, employees, or agents of the agency if
those members, employees, or agents have not received communications prohibited by
subsection (a) of this section.
(c) Unless required for the disposition of ex parte matters authorized by law, no
party or intervenor in a contested case, no other agency, and no person who has a direct
or indirect interest in the outcome of the case, shall communicate, directly or indirectly,
in connection with any issue in that case, with a hearing officer or any member of the
agency, or with any employee or agent of the agency assigned to assist the hearing
officer or members of the agency in such case, without notice and opportunity for all
parties to participate in the communication.
(d) The provisions of this section apply from the date the matter pending before the
agency becomes a contested case to and including the effective date of the final decision.
Except as may be otherwise provided by regulation, each contested case shall be deemed
to have commenced on the date designated by the agency for that case, but in no event
later than the date of hearing.
(1971, P.A. 854, S. 16; P.A. 88-317, S. 19, 107; P.A. 89-174, S. 3, 7.)
History: P.A. 88-317 designated former section as Subsec. (a) and amended Subsec. (a) to apply restriction on communications to a "hearing officer or member of any agency" instead of to "members or employees of an agency", to insert
"final", to substitute "proposed final decision" for "findings of fact and conclusions of law in a contested case", and to
make technical changes, deleted provision authorizing agency members to communicate with each other and to have the
aid and advice of personal assistants and substituted new Subsec. (b) re communications among members of multimember
agency and receipt of aid and advice by members of an agency or a hearing officer and added new Subsec. (c) re communications involving parties, intervenors, other agencies and persons having an interest in the outcome and new Subsec. (d) re
period when section applicable, effective July 1, 1989, and applicable to all agency proceedings commencing on or after
that date; P.A. 89-174 deleted provision in Subsec. (b) which had required agency to disclose in case record identity of
employees or agents communicating with an agency member or a hearing officer.
Cited. 168 C. 435. Cited. 171 C. 691. Cited. 172 C. 263. Cited. 173 C. 462. Cited. 183 C. 128. Cited. 186 C. 153. Cited.
191 C. 173. Once violation of statute proved by party seeking relief, burden shifts to agency to prove no prejudice resulted
from prohibited ex parte communication; waiver of claim to disqualification discussed. 202 C. 453. Where record shows
prima facie violation of section burden shifted to agency to prove no resulting prejudice. 207 C. 296. Cited. 212 C. 471.
Cited. 215 C. 49. Cited. 226 C. 105. Cited. 239 C. 32.
Cited. 1 CA 1. Court held that to be entitled to relief a plaintiff must show prejudice to his rights resulting from an ex
parte communication in violation of the statute. 4 CA 143. Cited. 9 CA 622. Cited. 27 CA 495; judgment reversed, see
225 C. 499. Cited. 36 CA 587. Cited. 37 CA 777. Cited. 44 CA 622. Investigator's report cannot be construed as ex parte
communication where other party has notice of report and opportunity to participate in presentation of allegations to the
fact finder. 47 CA 325. Plaintiff was deprived of due process of law when commissioner engaged in ex parte communications
with plaintiff's former attorney and issued unilateral order awarding attorney's fees without providing plaintiff with notice
or opportunity to present evidence. Id., 391.
Subsec. (a):
Cited. 43 CA 512.
Subsec. (b):
Cited. 37 CA 653; judgment reversed, see 238 C. 361.