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90 FR 25895, June 18, 2025, unless otherwise noted.
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(a) An ex parte communication is a communication between a Board judge or staff and a party or a party's representative without the presence of the opposing party or its representative.
(b) Except as set out in paragraph (c) of this section, no Board judge or staff, party to an appeal, or party representative may have or attempt to have any ex parte communication. Nor may a party file any evidence, explanation, analysis, or advice, whether written or oral, regarding any matter at issue in an appeal unless a copy of the filing is provided to the opposing party.
(c) Paragraph (b) of this section does not apply to:
(1) Consultation among Board judges and staff about an appeal;
(2) Communications between the Board's staff and a party or a party's representative about the Board's administrative functions or procedures; or
(3) Any event, such as a conference call or a hearing, where a party has received notice of the event and fails to appear.