(a) A commissioner or employee of the Commission who receives an ex parte communication that concerns a case where a determination or decision is required by law to be made only after a public hearing for interested parties shall make the ex parte communication public and part of the record of the proceeding.
(b) A commissioner or employee of the Commission who receives an ex parte communication that concerns the merits of a case where the commissioner’s or employee’s determination or decision is required by law to be made only after a public hearing for interested parties shall:
(1) note the substance of an oral ex parte communication for the record; and
(2) place the substance of a written ex parte communication on the record.
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