49 C.F.R. § 821.61

Prohibited ex parte communications

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(a) The prohibitions of this section shall apply from the time a petition for review or an appeal is filed unless the person responsible for the communication has knowledge that a petition for review or an appeal will be filed, in which case the prohibitions shall apply at the time of the acquisition of such knowledge. Such prohibitions shall continue until the time of the Board's final disposition of the petition, appeal and any ancillary matters, such as the adjudication of a claim for fees and expenses under the Equal Access to Justice Act.

(b) Except to the extent required for the disposition of ex parte matters as authorized by law:

(1) No interested person outside the Board shall make or knowingly cause to be made to any Board decisional employee an ex parte communication relevant to the merits of the proceeding;

(2) No Board decisional employee shall make or knowingly cause to be made to any interested person outside the Board an ex parte communication relevant to the merits of the proceeding. Ex parte communications solely relating to matters of Board procedure or practice are not prohibited by this section.

Notes of Decisions

Cited in 2 cases, 1989–2003 · leading case: Kolek v. Engen, 869 F.2d 1281 (9th Cir. 1989).

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Kolek v. Engen, 869 F.2d 1281 (9th Cir. 1989). “See 49 C.F.R. § 821.61 (prohibition does not extend to ex parte communications regarding board procedure or practice not affecting the merits of an appeal).”

Moore v. Nat'l Transp. Saf. Bd., 67 F. App'x 490 (9th Cir. 2003). “2d at 1286 ; see also 49 C.F.R. § 821.61 (b)(2) (“[e]x parte communications solely relating to matters of Board procedure or practice are not prohibited”).”

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