[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR16.17]



[Page 79]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 16_PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD--Table of 

Contents

 

Sec.  16.17  Ex parte communications (communications outside the record).



    (a) A party shall not communicate with a Board or staff member about 

matters involved in an appeal without notice to the other party. If such 

communication occurs, the Board will disclose it to the other party and 

make it part of the record after the other party has an opportunity to 

comment. Board members and staff shall not consider any information 

outside the record (see Sec.  16.21 for what the record consists of) 

about matters involved in an appeal.

    (b) The above does not apply to the following: Communications among 

Board members and staff; communications concerning the Board's 

administrative functions or procedures; requests from the Board to a 

party for a document (although the material submitted in response also 

must be given to the other party); and material which the Board includes 

in the record after notice and an opportunity to comment.