Doesn §27.320(b) conflict with the ex parte prohibition in §27.320(a)?
The two sections cited are not in conflict. Under § 27.320(a), ex parte discussions between a Presiding Officer (or someone who advises that person) and an interested person “on the merits” of a proceeding are prohibited. Section 27.320(b) merely explains the actions to be taken if a Presiding Officer receives an ex parte communication containing relevant information.
