Section 51-14-002 - Prohibitions against ex parte communications002.01 Prohibitions; when applicable The prohibitions found in this section shall apply beginning at the time notice for hearing is given. The Board may designate an earlier time, but such earlier time shall be required to be set forth in the Board's rules of procedure.
002.02 Prohibitions; to whom applicable 002.02A.Parties and public. No party in a contested case or other person outside the Board having an interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer or to a Board member or employee who is or may reasonably be expected to be involved in the decision-making process of the contested case.002.02B.Persons in decision-making roles. No hearing officer or Board member 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 Board having an interest in the contested case.002.02C.Investigators. No Board member 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 Board member or employee who is or may reasonably be expected to be involved in the decision-making process of the contested case.002.03 Disclosure of contacts The hearing officer or Board member or 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 002.02A through 002.02C shall file in the record of the contested case:
002.03A. All such written communications;002.03B. Memoranda stating the substance of all such oral communications; and002.03C. All written responses and memoranda stating the substance of all oral responses to all the 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.002.03E. Filing and notice of filing provided under subsection002.03D. shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.51 Neb. Admin. Code, ch. 14, § 002