Section 192-2-002 - 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.002.02.PROHIBITIONS: TO WHOM APPLICABLE.002.02A.PARTIES AND PUBLIC. No party in a contested case or other person outside NCBVI having an interest in the contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer.002.02B.PERSONS IN DECISION MAKING ROLES. No hearing officer shall make or knowingly cause to be made an ex parte communication to any party in a contested case or other person outside NCBVI having an interest in the contested case.002.02C.INVESTIGATORS. The Director or employees 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.002.03.DISCLOSURE OF CONTACTS. The hearing officer 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; and 002.03C. 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 subsection 002.03D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.192 Neb. Admin. Code, ch. 2, § 002
Amended effective 7/2/2019