Section 38-7-001.01 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS001.01(A)PROHIBITIONS; WHEN APPLICABLE. The prohibitions found in this section shall apply beginning at the time notice for hearing is given.001.01(B)PROHIBITIONS; TO WHOM APPLICABLE. 001.01(B)(i) PARTIES AND PUBLIC. No party in a contested case or other person outside the Commission having an interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer, the Commissioner, or to an employee who is or may reasonably be expected to be involved in the decision making process of the contested case.001.01(B)(ii)PERSONS IN DECISION MAKING ROLES . No hearing officer or the Commissioner or an 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 Commission having an interest in the contested case.001.01(B)(iii) INVESTIGATORS. The Commissioner or a Commission employee engaged in the investigation or enforcement of a contested case shall not make or knowingly cause to be made an ex parte communication to a hearing officer or the Commissioner or Commission employee who is or may reasonably be expected to be involved in the decision making process of the contested case.001.01(C)DISCLOSURE OF CONTACTS. The hearing officer or Commissioner or Commission employee who is or may reasonably be expected to be involved in the decision making process of the contested case who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 001.01(B)(i) through 001.01(B)(iii) shall file in the record of the contested case: 001.01(C)(i) All such written communications;001.01(C)(ii) Memoranda stating the substance of all such oral communications; and001.01(C)(iii) All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.001.01(C)(iv) 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.001.01(C)(v) Filing and notice of filing provided under subsection 001.01(B)(ii) is not considered on the record and reasonable notice for purposes of the definition of ex parte communication.38 Neb. Admin. Code, ch. 7, § 001.01
Adopted effective 3/21/2022