---
kind: "section"
citation: "11 C.F.R. § 201.2"
title: "11"
number: "201.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/11/201.2"
---

# §201.2. Definitions.


As used in this part:

- (a) Ex parte communication means any written or oral communication by any person outside the agency to any Commissioner or any member of a Commissioner's staff which imparts information or argument regarding prospective Commission action or potential action concerning:
  - (1) Any candidate or committee applying for or participating in the public funding process, or
  - (2) Any ongoing audit, or
  - (3) Any pending litigation matter, or
  - (4) Any pending rulemaking, or
  - (5) **Any pending advisory opinion request.**
- (b) **Ex parte communications does not include the following communications.**
  - (1) Statements by any person publicly made in a public forum; or
  - (2) Statements or inquiries by any person limited to the procedural status of an open proceeding involving an application for public funding, a rulemaking, an advisory opinion request, an audit being conducted pursuant to 26 U.S.C. [9007 (a)](/usc/26/9007.md?p=a) and [(b)](/usc/26/9007.md?p=b), [9008 (g)](/usc/26/9008.md?p=g) and [(h)](/usc/26/9008.md?p=h), or [9038 (a)](/usc/26/9038.md?p=a) and [(b)](/usc/26/9038.md?p=b), or a litigation matter.
- (c) Commissioner means an individual appointed to the Federal Election Commission pursuant to [52 U.S.C. 30106(a)](/usc/52/30106.md?p=a).
- (d) Commissioner's staff means all individuals working under the personal supervision of a Commissioner including executive assistants and executive secretaries.

## Notes

### Amendments

[58 FR 59645, Nov. 10, 1993, as amended at 75 FR 32, Jan. 4, 2010; 79 FR 77849, Dec. 29, 2014]

### Authority

Authority: 52 U.S.C. 30107(a)(8), 30108, 30111(a)(8), and 30111(b); 26 U.S.C. 9007, 9008, 9009(b), 9038, and 9039(b).

### Source

Source: 58 FR 59645, Nov. 10, 1993, unless otherwise noted.

### Amendments

[58 FR 59645, Nov. 10, 1993, as amended at 75 FR 32, Jan. 4, 2010; 79 FR 77849, Dec. 29, 2014]