Section 442-4-011 - Ex Parte Communication ProhibitedIn all contested cases before the Commission the following shall apply to ex parte communication:
011.01 No party to a contested case or other person outside the Commission having an interest in the contested case shall make or knowingly cause to be made any ex parte communication to a Commissioner, Special Master, Referee, or Commission employee who is or may reasonably be expected to be involved in the decision making process of the contested case.011.02 No Commissioner, Special Master, Referee, or Commission employee who is or may reasonably be expected to be involved in the decision making process of a 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 Commission having an interest in the contested case. No Commissioner, Special Master, Referee, or Commission employee who is or may reasonably be expected to be involved in the decision making process of a 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 Commission having an interest in the contested case.011.03 No Commissioner, Special Master, Referee or Commission 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 Commissioner, Special Master, Referee or Commission employee who is or may reasonably be expected to be involved in the decision making process of the contested case.011.04 Any Commissioner, Special Master, Referee, or Commission employee who is or may reasonably be expected to be involved in the decision making process of a contested case who receives or knowingly causes to be made an ex parte communication shall file in the record of the contested case (i) all such written communications, (ii) memoranda stating the substance of all such oral communications, and (iii) all written responses and memoranda stating the substance of all oral responses to all the ex parte communications. The filing shall be made within two working days of the receipt of making of the ex parte communication. Notice of the filing, with an opportunity to respond, shall be given to all parties of record.011.05 The prohibitions of this chapter shall apply from the time an initial pleading in a contested case is filed with the Commission or at such time it is reasonably certain that an initial pleading will be filed with the Commission until a final decision in a contested case is issued by the Commission from which no appeal can be taken.442 Neb. Admin. Code, ch. 4, § 011