[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1603.204]

[Page 190]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1603_PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT 
EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 321 OF 
THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991--Table of Contents
 
                           Subpart B_Hearings
 
Sec.  1603.204  Ex parte communications.

    (a) Oral or written communications concerning the merits of an 
adjudication between the administrative law judge or decision-making 
personnel of the Commission and an interested party to the adjudication 
without providing the other party a chance to participate are prohibited 
from the time the matter is assigned to an administrative law judge 
until the Commission has rendered a final decision. Communications 
concerning the status of the case, the date of a hearing, the method of 
transmitting evidence to the Commission and other purely procedural 
questions are permitted.
    (b) Decision-making personnel of the Commission include members of 
the Commission and their staffs and personnel in the Office of Federal 
Operations, but do not include investigators and intake staff.
    (c) Any communication made in violation of this section shall be 
made part of the record and an opportunity for rebuttal by the other 
party allowed. If the communication was oral, a memorandum stating the 
substance of the discussion shall be placed in the record.
    (d) Where it appears that a party has engaged in prohibited ex parte 
communications, that party may be required to show cause why, in the 
interest of justice, his or her claim or defense should not be 
dismissed, denied or otherwise adversely affected.