961
(c)
a list of names of those persons that were present at the meeting on behalf of the Authority
and the party making the presentation; and
(d)
attaching a copy of any written presentation made at the meeting
(3) The Authority shall maintain a list of ex parte presentations that is open to public inspection.
(4) Any party who contravenes the provisions of subrule (2) is subject to penalties including but not limited
to:��
(a)
dismissal of the proceeding with prejudice;
(b)
an adverse ruling on a pending issue that is the subject of the prohibited ex parte
presentation when other parties are unfairly prejudiced by the presentation;
(c)
the striking of evidence or pleadings when the evidence or pleadings is tainted by the
prohibited ex parte presentation; and
(d)
a public statement of censure by the Authority, when the prohibited ex parte presentation is
determined to be a part of a continuing patter of prohibited ex parte communications, or
when a single prohibited ex parte communication is made which is of such a nature to
require admonishment but where mitigating circumstances exist that:
(i)
negate the need for a more severe sanction; and
(ii)
the prohibited public record in the proceeding is not prejudiced to the extent that
the Authority is unable to make an unbiased decision
Final decisions
53. (1) The Authority may, in its own discretion as contemplated in subrule (2) or on request of any
interested person as contemplated in subrule (3) issue decisions determining a controversy or removing
uncertainty
(2) The Authority may, in its own discretion, hold hearings or conduct any other proceedings allowed under
the Act in order to make a final decisions shall comply with the requirements contemplated in rule 46.
(3) Any interested person may request the issuance of a final decision by filing a request for a final decision
in person at the office of the Authority and such request shall contain
(a)
specific reasons for the request;
(b)
the precise nature of the decision requested;
(c)
the views facts arguments and data deemed relevant to support the action requested; and
(d)
an indication of the manner in which the requester will be affected by the requested
decision.
(4) The Authority may deny or dismiss with or without prejudice to the requester, requests that are moot.
Vexatious, premature, repetitive, frivolous or,” which do not warrant consideration and shall state the
grounds for such denial or dismissal.
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