[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2414.8]
[Page 365]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2414--EX PARTE COMMUNICATIONS--Table of Contents
 
Sec. 2414.8  Reporting of prohibited communications; penalties.
    (a) Any Authority member, Administrative Law Judge, or other 
Authority employee who is or may reasonably be expected to be involved 
in the decisional process of the proceeding relevant to the merits of 
the proceeding to whom a prohibited oral ex parte communication is 
attempted to be made, shall refuse to listen to the communication, 
inform the communicator of this rule, and advise such person that if the 
person has anything to say it should be said in writing with copies to 
all parties. Any such Authority member, Administrative Law Judge, or 
other Authority employee who is or may reasonably be expected to be 
involved in the decisional process of the proceeding relevant to the 
merits of the proceeding who receives, or who makes or knowingly causes 
to be made, an unauthorized ex parte communication, shall place or cause 
to be placed on the public record of the proceeding: (1) The 
communication, if it was written; (2) a memorandum stating the substance 
of the communication, if it was oral; (3) all written responses to the 
prohibited communication; and (4) memoranda stating the substance of all 
oral responses to the prohibited communication. The Executive Director, 
if the proceeding is then pending before the Authority, the 
Administrative Law Judge, if the proceeding is then pending before any 
such judge, or the Regional Director, if the proceeding is then pending 
before a Hearing Officer or the Regional Director, shall serve copies of 
all such materials placed on the public record of the proceeding on all 
other parties to the proceeding and on the attorneys of record for the 
parties. Within ten (10) days after the mailing of such copies, any 
party may file with the Executive Director, Administrative Law Judge, or 
Regional Director serving the communication, as appropriate, and serve 
on all other parties, a statement setting forth facts or contentions to 
rebut those contained in the prohibited communication. All such 
responses shall be placed in the public record of the proceeding, and 
provision may be made for any further action, including reopening of the 
record, which may be required under the circumstances. No action taken 
pursuant to this provision shall constitute a waiver of the power of the 
Authority to impose an appropriate penalty under Sec. 2414.9.