Section 92-55-002 - 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 special education contested case or other person outside the Department having an interest in the special education contested case shall make or knowingly cause to be made an ex parte communication to the hearing officer.002.02B. Persons in decisionmaking roles. No hearing officer shall make or knowingly cause to be made an ex parte communication to any party in a special education contested case or other person outside the Department having an interest in the special education contested case.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 002.02B shall file in the record of the special education 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 (2) business 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.92 Neb. Admin. Code, ch. 55, § 002