Section 170IAC1-1.5-3. Violations

   (a) Unless required for the disposition of ex parte matters specifically authorized by statute, rule, or order of the commission, all members of the commission, an attorney assigned to a particular proceeding as an administrative law judge, and a technical employee assigned to advise the commission in a particular proceeding may not communicate, directly or indirectly, regarding any issue in a proceeding while the proceeding is pending with any:

(1) party;

(2) party's employee, attorney, or representative;

(3) entity known to act on behalf of a party;

(4) person who has:

(A) a direct interest in the outcome of the proceeding; or

(B) served as an investigator or advocate in the proceeding or in its preadjudicative stage;

(5) attorney assigned as a settlement judge in a particular proceeding; or

(6) technical employee directed to file a report in the proceeding;

without notice and opportunity for all parties to participate in the communication.

  (b) Unless required for the disposition of ex parte matters specifically authorized by statute, rule, or order of the commission, a person described in subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) may not communicate, directly or indirectly, regarding any issue in a proceeding while the proceeding is pending with any:

(1) member of the commission;

(2) attorney assigned to a particular proceeding as an administrative law judge; or

(3) technical employee assigned to advise the commission in a particular proceeding;

without notice and opportunity for all parties to participate in the communication.

  (c) This section does not prohibit any person from communicating ex parte with any member or employee of the commission with respect to undisputed administrative or procedural matters in connection with a proceeding.

  (d) Only to the extent not otherwise inconsistent with this rule, any person may make educational or informational communications that are not intended to persuade or advocate a position on an issue in a particular proceeding while the proceeding is pending. (Indiana Utility Regulatory Commission; 170 IAC 1-1.5-3; filed Dec 9, 1996, 10:00 a.m.: 20 IR 939; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; filed Dec 3, 2007, 10:30 a.m.: 20080102-IR-170070379FRA; readopted filed Jul 29, 2014, 8:39 a.m.: 20140827-IR-170140181RFA)