                                 CODE OF VIRGINIA

EX PARTE COMMUNICATIONS (§ 2.2-4024.2)

A. Except as otherwise provided in this section, while a formal hearing
conducted in accordance with &#xA7; 2.2-4020 is pending, the hearing officer
shall not communicate with any person concerning the hearing without notice and
opportunity for all parties to participate in the communication.

B. A hearing officer may communicate about a pending formal hearing conducted in
accordance with &#xA7; 2.2-4020 with any person if the communication is
authorized by law or concerns an uncontested procedural issue. A hearing officer
may communicate with any person on ministerial matters about a pending formal
hearing conducted in accordance with &#xA7; 2.2-4020 if the communication does
not augment, diminish, or modify the evidence in the record.

C. If a hearing officer makes or receives a communication prohibited by this
section, the hearing officer shall make a part of the hearing record: (i) a copy
of the communication or, if it is not written, a memorandum containing the
substance of the communication; (ii) the response thereto; and (iii) the
identity of the person who made the communication.

D. If a communication prohibited by this section is made, the hearing officer
shall notify all parties of the prohibited communication and permit the parties
to respond not later than 15 days after the notice is given. For good cause, the
hearing officer may permit additional evidence in response to the prohibited
communication.

E. If necessary to eliminate any prejudicial effect of a communication made that
is prohibited by this section, a hearing officer may (i) be disqualified under
&#xA7; 2.2-4024.1; (ii) seal the parts of the record pertaining to the
communication by protective order; or (iii) grant other appropriate relief,
including an adverse ruling on the merits of the case.

HISTORY: 2016, c. 478.