§323D-45.1  Ex parte contacts prohibited. (a)  There shall be no ex parte contacts:

(1)  In the case of an application for a certificateof need, between the applicant for the certificate of need, any person actingon behalf of the applicant, any person in favor of the application or anyperson opposed to the issuance of a certificate of need and any person in thestate agency who exercises any responsibility respecting the application, afterthe commencement of the state agency's review of the application and before thestate agency makes a decision on the application, on any matter related to orarising out of the application for a certificate of need;

(2)  In the case of a proposed withdrawal of acertificate of need, between the holder of the certificate of need, any personacting on behalf of the holder, any person opposed to the withdrawal or anyperson in favor of the withdrawal and any person in the state agency whoexercises any responsibility respecting withdrawal of the certificate of need,after the commencement of state agency proceedings on the proposed withdrawaland before the state agency makes a decision on the proposed withdrawal, on anymatter related to or arising out of the proposed withdrawal of the certificateof need; and

(3)  In the case of an application for an exemptionfrom obtaining a certificate of need, between the applicant for an exemption,any person acting on behalf of the applicant, any person in favor of theapplication or any person opposed to the application and any person in thestate agency who exercises any responsibility respecting the application, afterthe commencement of the state agency's review of the application and before thestate agency makes a decision on the application, on any matter related to orarising out of the application for an exemption from obtaining a certificate ofneed.

(b)  The prohibition against ex parte contactsshall not apply to any written communication or a copy thereof which ispromptly filed as a public record with the state agency. [L 1980, c 75, §15]