Ex Parte Communications

The Division recognizes the value of communication between public stakeholders and the Boards and Commission as they provide a means to engage the public and obtain improved data and information and clarification of views that can assist the agency in making well-informed decisions.  However, direct engagement with individual board members or commissioners to discuss upcoming, publicly noticed Board or Commission agenda items outside of a Board or Commission public meeting (often referred to as “ex parte” communications) can create the appearance of undue influence and industry capture that might cause the public to lose trust in the integrity of the decision-making process.  

This is especially true if a board member or commissioner receives information in an ex parte communication and relies on that information in reaching a decision without disclosing it in the record. The Division makes every reasonable effort – including affirmative outreach to stakeholders – to provide interested parties the opportunity to be heard while mitigating the risk of undue and nondisclosed influence to preserve the integrity of the Commission’s deliberative process. 

If you would like to convey suggestions or concerns about an issue related to one of our regulatory programs, you are encouraged to provide those comments during the Public Comment/Citizen Participation portion at a Board or Commission meeting, or during a scheduled Stakeholder Engagement meeting.  For purposes of rulemaking, you may also submit written comments for the Board's or Commission’s consideration.  The Division also welcomes written submissions outside of the rulemaking process.  Those should be addressed to the Division Director, who will share them with the appropriate Board or Commission.