[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR26.4]



[Page 282]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.4  Ex parte communications.



    (a) Definition. An ex parte communication is any communication with 

a hearing officer, direct or indirect, oral or written, concerning the 

merits of procedures of any pending proceeding which is made by a party 

in the absence of any other party.

    (b) Prohibition of ex parte communications. Ex parte communications 

are prohibited except where:

    (1) The purpose and content of the communication have been disclosed 

in advance or simultaneously to all parties; or

    (2) The communication is a request for information concerning the 

status of the case.

    (c) Procedure after receipt of ex parte communication. Any hearing 

officer who receives an ex parte communication which the hearing officer 

knows or has reason to believe is unauthorized shall promptly place the 

communication, or its substance, in all files and shall furnish copies 

to all parties. Unauthorized ex parte communications shall not be taken 

into consideration in deciding any matter in issue.



[48 FR 43304, Sept. 23, 1983; 48 FR 46980, Oct. 17, 1983]