(a) Upon the issuance of a Notice of Hearing in a contested case and continuing until the Securities Commissioner's decision or order becomes final as described in §105.16 of this title (relating to Decisions; When Final), the Commissioner (or other person assigned to render a decision in a contested case) and members of the Board may not communicate directly or indirectly with any party or a representative of a party in a contested case in connection with any issue of fact or law in the proceeding except on notice and opportunity for all parties to participate. Prohibited ex parte communications shall not include any written communication if the communicator contemporaneously serves copies of the communication on all parties to the proceeding.
(b) The Commissioner (or other person assigned to render a decision in a contested case) and members of the Board, individually, may communicate ex parte with employees of the Agency who have not participated in a hearing in the case in order to utilize special skills or knowledge of the Agency's employees in evaluating the evidence in the case.

Source Note: The provisions of this §105.20 adopted to be effective April 3, 2012, 37 TexReg 2165