As a general rule, when can an ALJ consult with a nonwitness about an issue of fact?

An administrative law judge (ALJ) must maintain fairness and transparency in the decision-making process, ensuring that all parties involved in a case have a chance to participate in the proceedings. Consulting with a nonwitness about an issue of fact can be problematic because it may introduce information that hasn't been subjected to cross-examination or rebuttal by the parties.

By notifying all parties and allowing their participation, the ALJ ensures that everyone involved has the opportunity to engage with any additional information or insights that emerge from such consultations. This approach upholds the principles of due process and ensures that the proceedings remain equitable. It prevents surprises during hearings and fosters an environment where all parties can present their positions effectively.

Options suggesting unrestricted consultation, lack of prior notice, or limited to closed hearings do not account for these essential procedural protections which are vital to maintaining the integrity of the administrative process.