§ 16-3-111 — Contested cases; limitations on consultations and participations

Unless required for the disposition of ex parte matters
authorized by law, members of the agency, employees presiding at
a hearing in a contested case and employees assisting the
foregoing persons in compiling, evaluating and analyzing the
record in a contested case or in writing a decision in a
contested case shall not directly or indirectly in connection
with any issue in the case consult with any person other than an
agency member, officer, contract consultant or employee or other
state or federal employee, any party other than the agency or
with any agency employee, contract consultant or other state or
federal employee who was engaged in the investigation,
preparation, presentation or prosecution of the case except upon
notice and opportunity for all parties to participate. Nothing
herein contained precludes any agency member from consulting
with other members of the agency. No officer, employee, contract
consultant, federal employee or agent who has participated in
the investigation, preparation, presentation or prosecution of a
contested case shall be in that or a factually related case
participate or advise in the decision, recommended decision or
agency review of the decision, or be consulted in connection
therewith except as witness or counsel in public proceedings. A
staff member is not disqualified from participating or advising
in the decision, recommended decision or agency review because
he has participated in the presentation of the case in the event
the staff member does not assert or have an adversary position.