49 C.F.R. § 1103.14
Private communications with the Board are prohibited
To the extent that the Board acts in a quasi-judicial capacity, it is improper for litigants, directly or through any counsel or representative, to communicate privately with a Board Member, administrative law judge, or other representative of the Board about a pending case, or to argue privately the merits thereof in the absence of the adversaries or without notice to them. Practitioners at all times shall scrupulously refrain from going beyond ex parte representations which are clearly proper in view of the administrative work of the Board in their communication with the Board and its staff.
Notes of Decisions
Cited in 2
cases, 2003–2003 · leading case: Mid States Coalition for Progress v. Surface Transp. Bd., 345 F.3d 520 (8th Cir. 2003).
Mid States Coalition for Progress v. Surface Transp. Bd., 345 F.3d 520 (8th Cir. 2003). “§ 557 (d)(1)(A), and the Board’s own code of ethics, see 49 C.F.R § 1103.14. We are not sure that these prohibitions apply to communications, such as DM & E’s letter, that are submitted to the authority in charge of an environmental review and that express comments about that…”
Mid States Coalition v. STB (8th Cir. 2003). “§ 557 (d)(1)(A), and the Board's own code of ethics, see 49 C.F.R § 1103.14. We are not sure that these prohibitions apply to communications, such as DM&E's letter, that are submitted to the authority in charge of an environmental review and that express comments about that…”
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