Ohio Administrative Code|Rule 4731-13-34 | Ex parte communication.

                                                
(A) The members of the board shall base
		  their decisions on any matter subject to hearing only on the evidence of
		  record. No information acquired by a member of the board in any way other than
		  by review of the evidence of record shall be considered by such member in that
		  member's decision on a matter subject to hearing. The receipt of
		  information about a matter subject to hearing outside the evidence of record
		  shall not disqualify the member from participating in the decision on that
		  matter unless the member excuses himself or herself from participation in the
		  decision on the ground that he or she cannot restrict his or her decision on
		  the matter to the evidence of record.
(B) Except as otherwise provided under
		  this chapter or by statute, no hearing examiner or member of the board shall
		  initiate or consider ex parte communications concerning a substantive matter
		  related to a pending hearing. Nothing contained herein, however, shall preclude
		  the hearing examiner from nonsubstantive ex parte communications on procedural
		  matters and matters affecting the efficient conduct of adjudicatory
		  hearings.
(C) The hearing examiner and members of
		  the board shall disclose on the public record the source of any ex parte or
		  attempted ex parte communications pertaining to a substantive issue. If the
		  recipient of the ex parte communication determines that he or she can no longer
		  render an impartial decision, the recipient shall recuse himself or herself
		  from further participation in consideration of the matter.
(D) If requested by any party, the
		  recipient of the ex parte communication shall file with the board an affidavit
		  setting forth the substance of the ex parte communication. The affidavit shall
		  be sealed, held as proffered material and maintained with the hearing
		  record.


Last updated April 12, 2021 at 8:42 AM