[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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

[CITE: 49CFR201.12]



[Page 12]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 201_FORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of Contents

 

Sec. 201.12  Ex parte communications.



    (a) After notice of a hearing is published in the Federal Register, 

all communications, whether oral or written, involving any substantive 

or procedural issue and directed either to the presiding officer or to 

the Administrator, without reference to these rules of procedure, shall 

be deemed ex parte communications and shall not be considered part of 

the record for decision. A record of oral ex parte communications shall 

be made by the persons contacted. All written ex parte communications 

shall be available for public viewing at the places(s) specified in the 

notice of hearing.

    (b) The presiding officer shall not consult any person or party on 

any fact in issue or on the merits of the matter unless notice and 

opportunity is given for all parties to participate.