instituting, prosecuting, hearing, or determining any investigation or
proceeding which it is authorized to do, or make, on its own motion by
any law with the administration of which it is charged.
(e) Except as otherwise provided in this chapter, no A member or
employee of the commission, including the chair of the commission
or an administrative law judge, assigned to make findings of fact and
conclusions of law in a formally docketed evidentiary proceeding may
not knowingly or intentionally communicate or permit
communication in connection with any issue of fact or law disputed
involved in that proceeding with any party or any party's
representative, except as follows:
(1) On notice and with opportunity for all parties to participate.
(2) With written consent of all parties.
(3) For purposes of obtaining the written advice of a
disinterested expert on the law applicable to the proceeding,
if advance notice is given to all parties of the expert to be
consulted and the subject matter of the advice solicited, with
an opportunity to object and respond to the notice and to the
advice given.
(4) If specifically authorized by law.
If a member or employee of the commission communicates in
connection with a proceeding in violation of this subsection, the
member or employee shall immediately notify all parties to the
proceeding of the substance of the communication and provide the
parties with an opportunity to respond.
(f) In addition to holding an executive session in the instances
described in IC 5-14-1.5-6.1(b), the commission may hold an executive
session to deliberate on a proposed order if all the following are
satisfied:
(1) All evidence on the matter has been received by the
commission.
(2) The deliberations are preparatory to taking final action on an
order subject to judicial review.
(3) Only the following are permitted to participate in the
executive session:
(A) Commission members.
(B) Commission employees who are formally assigned to
advise or assist in preparing the order, including the
commission's technical staff and attorneys.
IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to an executive
session held under this subsection.
(g) Except as provided in subsection (h), a person who violates
this section commits a Class C infraction.
(h) A person who violates subsection (e) commits a Class A
misdemeanor.".
Renumber all SECTIONS consecutively.