R671-309-1. Ex Parte Communications

  (1) Offenders are entitled to an impartial hearing before the Board. The Board therefore discourages any ex parte contact with:

  (a) individual Board Members at any time; or

  (b) hearing Officers once the Hearing Officer has been assigned to conduct a hearing for a specific offender.

  (2) All contacts by offenders, victims of crime, their family members or any other person outside the staff of the Board regarding a specific case shall be referred, whenever possible, to a staff member designated by the Board who is not currently directly involved in hearing the case.

  (a) If information provided by any person outside of a hearing could materially affect the Board's decision, the designated staff member shall prepare a memorandum for the file containing the substance of the contact.

  (b) If the contact is by a victim wishing to make a statement for the Board's consideration, Rule 671-203 on Victim Input and Notification shall apply.

  (c) Any inquiries or input from attorneys, public officials, or members of the public, regarding case facts or substantive matters, shall be submitted in writing. Unwritten inquiries shall be documented and responded to in writing.

  (3)(a) A Board Member or Hearing Officer assigned to a case may not initiate, permit, or consider ex parte communications concerning the substance of a pending matter. (b) A Board Member may not permit, consider, or be a party to any ex parte communication regarding a specific offender under Board jurisdiction if the object, intent, or substance of the communication is, or reasonably could be perceived to be, an attempt to impart information or opinion not contained in the offender's file, or to otherwise influence, change, or modify a Board decision or a Board Member's deliberations, decision, or vote.

  (c) In situations where such ex parte communication does occur, the Board member or Hearing Officer shall immediately take steps to terminate the communication, and shall thereafter reduce the substance of the communication to a written memorandum for the Board file, including copies of any writings that formed any part of the ex parte communication. Such memorandum shall thereafter be disclosed to the offender.

  (4) This rule may not preclude contact regarding procedural matters so long as such contact is not for the purpose of influencing the decision of the Board or any Board Member on any particular case or hearing.

  (5) Attorneys may submit information for the Board to consider. The information shall be submitted in writing and directed to the Administrative Coordinator or designee.