Legal Documents of Sweetwater

Code of Sweetwater

Table of Contents » Title 12 Building, Utility, etc. Codes » Chapter 12 Office Of Administrative L Aw Judge » § 12-1202 Communication by administrative law judge and parties.
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Title 12
12-1
Title 12, Chapter 1
12-1001
§ 12-1001
Sweetwater
Title 12 : Building, Utility, etc. Codes
Chapter 12 : Office Of Administrative L Aw Judge

12-1202 : Communication by administrative law judge and parties.

  1. Unless required for the disposition of ex parte matters specifically authorized by statute, an administrative law judge presiding over a contested case proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending. with any person without notice and opportunity for all parties to participate in the communication.
  2. Notwithstanding subsection (1), an administrative law judge may communicate with municipal employees or officials regarding a matter pending before the administrative body or may receive aid from staff assistants, members of the staff of the city attorney or a licensed attorney, if such persons do not receive ex parte communications of a type that the administrative law judge would be prohibited from receiving, and do not furnish, augment, diminish or modify the evidence in the record.
  3. Unless required for the disposition of ex parte matters specifically authorized by statute, no party to a contested case, and no other person may communicate, directly or indirectly, in connection with any issue in that proceeding, while the proceeding is pending, with any person serving as an administrative law judge without notice and opportunity for all parties to participate in the communication.
  4. If, before serving as an administrative law judge in a contested case, a person receives an ex parte communication of a type that may not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (5).
  5. An administrative law judge who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the person received an ex parte communication, and shall advise all parties that these matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, upon requesting the opportunity for rebuttal within ten (10) business days after notice of the communication. (as added by Ord. #894, March 2013 Ch8_08-05-24)
Date Last Updated: 08/05/2024
Codification Date: 03/01/2004

Officials at Date of Last Codification:

Mayor - Doyle F. Lowe
Vice Mayor - Sam Moser
Commissioner - Lamar Hughes
Commissioner - Johanna Jinks
Commissioner - Alan Richeson
Commissioner - James A. Stutts
Recorder - Sonya Crush
City Attorney - John Cleveland
 

Date Last Updated: 08/05/2024
Codification Date: 03/01/2004

Officials at Date of Last Codification:

Mayor - Doyle F. Lowe
Vice Mayor - Sam Moser
Commissioner - Lamar Hughes
Commissioner - Johanna Jinks
Commissioner - Alan Richeson
Commissioner - James A. Stutts
Recorder - Sonya Crush
City Attorney - John Cleveland