(a) No person, party, attorney of record, or authorized representative in any contested case shall engage in, directly or indirectly, any ex parte communication, in violation of Government Code, §2001.061, concerning the contested case with the board or hearing officer assigned to render a decision or make findings of fact and conclusions of law in a contested case.     
      (b) Except as prohibited by Government Code §2001.061, department staff may advise the board, the hearing officer, and a person delegated power from the board under Occupations Code §2301.154 regarding the contested case and any procedural matters. However, the department staff shall not recommend a final decision to the board unless the department is a party to the contested case.     
      (c) Violations of this section shall be promptly reported to the hearing officer, as applicable, and the general counsel of the department. The general counsel shall ensure that a copy or summary of the ex parte communication is included with the record of the contested case and that a copy is forwarded to all parties or their authorized representatives. The general counsel may take any other appropriate action otherwise provided by law.     
     Source Note:        The provisions of this §215.22 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective February 28, 2021, 46 TexReg 1257