Except as provided in § 102.130, ex parte communications prohibited by § 102.126 include:
(a) Such communications, when written, if copies are not contemporaneously served by the communicator on all parties to the proceeding in accordance with the provisions of § 102.5(g).
(b) Such communications, when oral, unless advance notice is given by the communicator to all parties in the proceeding and adequate opportunity afforded to them to be present.
[82 FR 11778, Feb. 24, 2017]