Ex parte communication
Term · Environment · MLC-T-ENV-010232
1. Any communication, written or oral, relating to the merits of an adjudicatory proceeding under part 78 of this chapter, that was not originally included or stated in the administrative record, in a pleading, or in an evidentiary hearing or oral argument under part 78 of this chapter, between the decisional body and any interested person outside EPA or any EPA trial staff. Ex parte communication shall not include:(1) Communication between EPA employees other than between EPA trial staff and a member of the decisional body; or(2) Communication between the decisional body and interested persons outside the Agency, or EPA trial staff, where all parties to the proceeding have received prior written notice of the proposed communication and are given an opportunity to be present and to participate therein.
2. Any communication, written or oral, relating to the merits of the arbitral proceeding, between the Arbitrator and any interested person, which was not originally filed or stated in the administrative record of the proceeding. Such communication is not ex parte communication if all parties to the proceeding have received prior written notice of the proposed communication and have been given the opportunity to be present and to participate therein.
| Identifier | MLC-T-ENV-010232 |
|---|---|
| Field | Environment |
| Subject | Regulatory activities |
| References | 40 CFR 72.2 (CFR 2013); 40 CFR 304.12(CFR 2013) |
Record as JSON
{
"id": "MLC-T-ENV-010232",
"term": "Ex parte communication",
"field": "Environment",
"term_source": "Ex Parte Communication",
"definition": "1. Any communication, written or oral, relating to the merits of an adjudicatory proceeding under part 78 of this chapter, that was not originally included or stated in the administrative record, in a pleading, or in an evidentiary hearing or oral argument under part 78 of this chapter, between the decisional body and any interested person outside EPA or any EPA trial staff. Ex parte communication shall not include:(1) Communication between EPA employees other than between EPA trial staff and a member of the decisional body; or(2) Communication between the decisional body and interested persons outside the Agency, or EPA trial staff, where all parties to the proceeding have received prior written notice of the proposed communication and are given an opportunity to be present and to participate therein.\n\n2. Any communication, written or oral, relating to the merits of the arbitral proceeding, between the Arbitrator and any interested person, which was not originally filed or stated in the administrative record of the proceeding. Such communication is not ex parte communication if all parties to the proceeding have received prior written notice of the proposed communication and have been given the opportunity to be present and to participate therein.",
"subject": "Regulatory activities",
"references": [
"40 CFR 72.2 (CFR 2013)",
"40 CFR 304.12(CFR 2013)"
],
"url": "https://mlchart.com/terminology/environment/ex-parte-communication/"
}
Record 9,980 of 29,894 in Environment terminology (MLC-0121). Request the full dataset.