(a) Except as provided in this chapter, and unless required for the disposition of ex parte matters authorized by law, neither the hearing officer nor a Commission member may communicate, directly or indirectly, in connection with any issue of fact or law with a party or representative of a party, except on notice and opportunity for all parties to participate.
(b) The hearing officer or a Commission member may communicate concerning the case with an Agency employee who has not participated in the hearing, but may do so only for the purpose of using the special skills or knowledge of the Agency and its staff in evaluating the evidence.
(c) For purposes of this section, the Agency is considered to be a party to the case.

Source Note: The provisions of this §819.197 adopted to be effective August 1, 2016, 41 TexReg 5559