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An ex parte communication is an off-the-record communication from one side of a proceeding to an administrative decision maker in the matter. Ex parte communications are not considered to be appropriate for an arbiter in either judicial or administrative adjudication proceeding.

However, ex parte communications are allowed in rulemaking procedures since such processes are considered to be an extension of legislative authority. Some agencies have chosen to limit ex parte powers, limiting them to after the NPRM and requiring documentation of such meetings.

 

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