452 CMR 1.17: Ex Parte Communications

No party or representative of a party involved in a proceeding before an administrative judge or Reviewing Board shall submit to the administrative judge or Reviewing Board any information, evidence, argument, or advice whether written or oral, regarding any matter at issue in such proceeding unless such submission is part of the record or made in the presence of all parties. When a party to a proceeding submits a letter or any writing to an administrative judge or Reviewing Board, a copy shall be served by mail or in hand on counsel for each party or directly on each party if not represented.

What does that mean?

If you are represented by an attorney, all inquiries and questions relative to your case must be directed to and answered by your attorney. This is true for all parties involved in a case. No employee of the DIA will at any time transfer your call or message to an administrative judge or administrative law judge.

What if I don't have an Attorney?

If you have not retained an attorney to represent you, the rule still applies. You may not contact an administrative judge directly or indirectly. Any questions that you may have, or evidence, information, advice or arguments that you would like to submit relative to your case must be done in the presence of all parties involved in your case (meaning that you must send a copy of all correspondence to the opposing party).

If you wish to be represented by counsel, please contact your local Bar Association office and they would be happy to assist you.

What About Contacting a Judge's Assistant or Secretary?

For the purposes of procedural assistance and scheduling, it is acceptable to contact an administrative secretary. No employee will, however allow any party to a case to speak individually to an administrative judge. Please do not ask.

What if I need some paperwork relative to my case?

As defined by 452 CMR 1.16 (Copies of Orders, Decisions, and Memoranda of Agreements), a request for a certified copy of an order or decision of an administrative judge or the Reviewing Board, or a memorandum of agreement, and all paperwork in connection herewith require by MGL c. 152, § 12, shall be accompanied by a payment of no less than $10.00 when the actual cost of copying said documents exceeds $10.00, the party requesting said copies shall be billed for the additional cost and shall remit the additional charge.