AB 214

Current law prohibits certain ex parte communications in contested cases,

which are state agency proceedings that affect the substantial interest of a party. An

ex parte communication is one that is made without the knowledge of all of the

parties. An ex parte communication in a contested case is subject to the prohibition

if it is made before a decision is rendered and it is either: 1) relative to the merits;

or 2) a threat or offer of reward. If the prohibition applies, the following are

prohibited from making an ex parte communication to either the hearing examiner

or any other official or employee of the state agency who is involved in the

decision-making process: 1) a state agency official or any other public employee or

official engaged in prosecution or advocacy regarding the matter or a related matter;

2) a party to the proceeding; 3) any person with a substantial interest in the proposed

agency action; and 4) an authorized representative or counsel. Current law specifies

several exceptions to the prohibition.

This bill creates an additional exception to the prohibition that applies only in

contested cases before the Public Service Commission (PSC). In such contested

cases, the bill provides that the prohibition does not apply to an ex parte

communication by or to any PSC official or employee other than the hearing

examiner or the PSC commissioners.