[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.35]

[Page 501-502]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.35  Ex parte discussions.

    At no time after a respondent has requested an on-the-record 
adjudication of the assessment of a civil penalty shall a DOE Official, 
or any person who is likely to advise a DOE Official in the decision on 
the case, discuss ex parte the merits of the proceeding with any 
interested person outside DOE, with any DOE staff member who performs a 
prosecutorial or investigative function in such proceeding or a 
factually related proceeding, or with any representative of such person. 
Any ex parte memorandum or other communication addressed to a DOE 
Official during the

[[Page 502]]

pendency of the proceeding and relating to the merits thereof, by or on 
behalf of any party shall be regarded as argument made in the proceeding 
and shall be served upon all other parties. Any oral communication shall 
be set forth in a written memorandum and served on all other parties. 
The other parties shall be given an opportunity to reply to such 
memorandum or communication.