(1) No member of the commission may participate in or initiate any ex parte communication as defined in (2) on the merits of a matter with any party or the department. A member of the commission may engage in a communication concerning administrative or procedural matters where they are necessary under the circumstances and do not adversely affect the substantial rights of a party.

(2) "Ex parte communication" means the act of a party to a contested case, any employee of the department, any person having an interest in the outcome of a contested case or any other person not authorized by law, communicating with a member of the commission regarding the merits of any contested case. Communications which do not constitute discussions or information regarding an issue of fact or law in a contested case, such as discussions of enlargements of time, scheduling, administrative matters and/or questions of procedure do not constitute ex parte communications.

(3) The commission may consult with any person not a party to the pending matter, or with the department regarding the interpretation of a point of law.