(1) No hearing examiner or member of the commission may participate in or initiate any ex parte consultation on the merits of a matter with any party or the department. A hearing examiner or 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) The commission or a hearing examiner may consult with any person or the department regarding the interpretation of a point of law.