Section 5059 - Ex Parte Communications(a) Except as provided in this rule, after an appeal or petition is filed, and while the proceeding is pending, there shall be no direct or indirect communication regarding any issue in the proceeding to the administrative law judge from any party or other interested person, without notice and the opportunity for all parties to participate in the communication.(b) A communication made on the record in the hearing is permissible.(c) A document filed or submitted to the administrative law judge is permissible if it is added to the case file, so that all parties have a reasonable opportunity to review it.(d) A communication concerning a matter of procedure or practice is presumed to be permissible, unless the topic of the communication appears to the administrative law judge to be controversial in the context of the specific case. If so, the administrative law judge shall so inform the other participant and may terminate the communication or continue it until after giving all parties notice and opportunity to participate. Any written communication concerning a matter of procedure or practice, and any written response, or a written memorandum identifying the participants and stating the substance of any such oral communication or response, shall be added to the case file so that all parties have a reasonable opportunity to review it. Unless otherwise provided by the code or these rules, an administrative law judge may determine a matter of procedure or practice based upon a permissible ex-parte communication. The term "matters of procedure or practice" shall be liberally construed.(e) A communication from the department to the administrative law judge which is permissible under Government Code section 11430.30 is permitted only if any such written communication and any written response, or a written memorandum identifying the participants and stating the substance of any such oral communication or response, is added to the case file so that all parties have a reasonable opportunity to review it.(f) If the administrative law judge receives a communication in violation of this rule, he or she shall comply with the requirements of Government Code section 11430.50.(g) If before serving as a presiding officer in a proceeding the administrative law judge receives a communication of a type that would be in violation of this rule if received while serving as presiding officer, the administrative law judge, promptly after starting to serve, shall comply with the requirements of Government Code section 11430.50.Cal. Code Regs. Tit. 22, § 5059
1. Renumbering of former section 5048 to new section 5059, including amendment of section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99, No. 6). Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
1. Renumbering of former section 5048 to new section 5059, including amendment of section and Note, filed 2-4-99; operative 3-6-99 (Register 99, No. 6).