251 Neb. Admin. Code, ch. 1, § 002

Current through September 17, 2024

Section 251-1-002 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS

002.01Prohibitions; When Applicable.

The prohibitions found in this section shall apply beginning at the time notice for hearing is given.

002.02Prohibitions; to Whom Applicable.

002.02A Parties and Public. No party in a contested case or other person outside the agency having interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer or to an agency head or employee who is or may reasonably be expected to be involved in the decision making process of the contested case.

002.02BPersons in Decision Making Roles. No hearing officer or agency head or employee who is or may reasonably be expected to be involved in the decision making process of the contested case shall make or knowingly cause to be made an ex parte communication to any party in a contested case or other person outside the agency having an interest in the contested case.

002.02CInvestigators. No agency head or employee engaged in the investigation or enforcement of a contested case shall make or knowingly cause to be made an ex parte communication to a hearing officer or agency head who is or may reasonably be expected to be involved in the decision making process of the contested case.

002.03Disclosure of Contacts.

The hearing officer or agency head or employee who is or may be reasonably expected to be involved in the decision making process of the contested case who received or who makes or knowingly causes to be made an ex parte communication set forth in subsection 002.02A through 002.02C shall file in the record of the contested case:

002.03A All such written communication; and

002.03B Memoranda stating the substance of all such oral communications; and

002.03C All written responses and memoranda stating the substance of all oral responses to all ex parte communications.

002.03D The filing shall be made within two working days of the receipt or making of the ex parte communication. Notice of the filing, with an opportunity to respond shall be given to all parties of record; and

002.03E Filing an notice of filing provided under subsection 002.03D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.

251 Neb. Admin. Code, ch. 1, § 002