A party to, or other participant in, a case may not communicate with an ALJ on any fact in issue in the case or on any matter relevant to the merits of the case unless the parties are given notice and an opportunity to participate.

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(Authority: 5 U.S.C. § 554(d)(1), 557(d)(1)(A); 20 U.S.C. §§ 1221e-3, 1234(f)(1), and 3474(a))