Unless otherwise authorized by law, a hearing examiner in a contested case may not communicate, directly or indirectly, with any agency, person, party, or its representative regarding any issue of fact or law relating to such case, except on notice and opportunity for all parties to participate. Pursuant to the authority provided in the Texas Government Code, §2001.061, however, the commissioner, chief clerk, or an employee of the General Land Office who is assigned to render a decision or to make findings of fact and conclusions of law in a contested case may communicate ex parte with employees of the General Land Office who have not participated in any way in preparation for or as a participant or witness in such contested case in order to utilize the special skills of the agency and its staff in evaluating the evidence.

Source Note: The provisions of this §17.46 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334