2.10 - Ex Parte Communications

(a) Generally

Except with other employees of the EOIR, the ALJ (or CAHO, if the matter is under review) may not consult any person or party on any fact in issue unless notice and an opportunity to participate is given to all parties. See 28 C.F.R. § 68.36(a). Therefore, parties, representatives, and other individuals must not communicate (or attempt to communicate) with the ALJ or CAHO on any issue of law or fact relevant to a particular proceeding before OCAHO unless all parties to the proceeding are given notice and an opportunity to respond.

(b) Scheduling Matters

Communications by OCAHO, the assigned ALJ, or any party or representative for the sole purpose of scheduling hearings, scheduling prehearing conferences, or requesting extensions of time are not considered to be ex parte communications. However, all other parties in the proceeding must be notified of such requests and communications and must be given an opportunity to respond.

(c) Sanctions

Any party or participant who makes a prohibited ex parte communication, or encourages or solicits another person to make any such communication, may be subject to any appropriate sanction. Sanctions may include, but are not limited to, exclusion from the proceedings and an adverse ruling on the issue that was the subject of the prohibited ex parte communication.