Are ex parte communications allowed in formal adjudicatory proceedings?

Are ex parte communications allowed in formal adjudicatory proceedings?

• A. Generally no; they are prohibited to protect fairness and due process, with limited exceptions.
• B. Always allowed if they concern the merits.
• C. Allowed only if the agency invites them.
• D. Allowed only after the hearing.

Answer: (A)

Ex parte communications are conversations between a party and the decision-maker outside the presence of other parties. In formal adjudicatory proceedings, they threaten fairness because one side can influence the judge without the opportunity for the other side to respond. Because of that, they are generally not allowed to protect due process. There are limited exceptions, such as when the agency itself invites or initiates the communication, or when all parties are informed and consent to the exchange. That combination—general prohibition with narrowly defined, agency-invited (or equally consented) exceptions—is why this answer is the best. The other choices would improperly broaden or mis-tim the allowance of such communications.

Ex parte communications are conversations between a party and the decision-maker outside the presence of other parties. In formal adjudicatory proceedings, they threaten fairness because one side can influence the judge without the opportunity for the other side to respond. Because of that, they are generally not allowed to protect due process. There are limited exceptions, such as when the agency itself invites or initiates the communication, or when all parties are informed and consent to the exchange. That combination—general prohibition with narrowly defined, agency-invited (or equally consented) exceptions—is why this answer is the best. The other choices would improperly broaden or mis-tim the allowance of such communications.