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e-CFR data is current as of March 4, 2021

Title 40Chapter ISubchapter JPart 304Subpart B → §304.25

Title 40: Protection of Environment
Subpart B—Jurisdiction of Arbitrator, Referral of Claims, and Appointment of Arbitrator

§304.25   Ex parte communication.

(a) No interested person shall make or knowingly cause to be made to the Arbitrator an ex parte communication.

(b) The Arbitrator shall not make or knowingly cause to be made to any interested person an ex parte communication.

(c) The Association may remove the Arbitrator in any proceeding in which it is demonstrated to the Association's satisfaction that the Arbitrator has engaged in prohibited ex parte communication to the prejudice of any party. If the Arbitrator is removed, the procedures in §304.22(d) of this part shall apply.

(d) Whenever an ex parte communication in violation of this section is received by or made known to the Arbitrator, the Arbitrator shall immediately notify in writing all parties to the proceeding of the circumstances and substance of the communication and may require the party who made the communication or caused the communication to be made, or the party whose representative made the communication or caused the communication to be made, to show cause why that party's arguments or claim should not be denied, disregarded, or otherwise adversely affected on account of such violation.

(e) The prohibitions of this section apply upon appointment of the Arbitrator and terminate on the date of the final decision.

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