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What is an ex parte communication?

communication ex Parte
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What is an ex parte communication?

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For all agencies, an ex parte communication means any written or oral communication by any person during the rulemaking period that imparts or requests material information or makes a material argument regarding potential action concerning an agency’s general, emergency, or peremptory rulemaking under this Act and that is communicated to that agency, the head of that agency, or any other employee of that agency. For certain specific agencies, an ex parte communication is a written or oral communication that imparts or requests material information or makes a material argument regarding potential action concerning regulatory, quasi-adjudicatory, investment or licensing matters pending before or under consideration by the agency. It does not include statements made in a public forum, statements regarding matters of procedure or practice, and statements made by State employees to other employees of that agency.

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An ex parte communication is a communication to or by a judge from any person about a pending or impending matter before the court that occurs in the absence of all parties to the case and without notice or an opportunity for all parties to participate in the communication.

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