What is the purpose of prohibiting ex parte communications in adjudicatory proceedings?

• A. To speed up the decision by presenting all sides.
• B. To ensure fairness by preventing undisclosed influence on the agency's decision-making.
• C. To allow lobbyists to present information secretly.
• D. To comply with a different due process.

Answer: (B)

Ex parte communications undermine fairness in adjudicatory proceedings by allowing influence on the agency’s decision outside the presence of all parties. In this setting, decisions should rest on the record created through open proceedings where both sides can present evidence and arguments and test them through cross-examination and rebuttal. When someone communicates privately with the decision-maker, that information may go unchecked, giving one side an advantage they cannot respond to or challenge. Prohibiting these private talks keeps the process transparent and ensures equal treatment, so the agency’s ruling reflects the full, openly developed record. It’s not about speeding things up or about allowing secret lobbying; it’s about preserving fairness and the integrity of the decision-making.