Section 92-61-002 - 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 the Department 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, Commissioner, or Department employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.002.02B. Persons in decisionmaking roles. No hearing officer, Board member, Commissioner, or employee who is or may reasonably be expected to be involved in the decisionmaking 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 Department having an interest in the contested case.002.02C. Investigators. The Commissioner 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 or Board member or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.002.03 Disclosure of contacts The hearing officer, Board members, the Commissioner, or employees who are or may reasonably be expected to be involved in the decisionmaking process of the contested case who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 00202A through 00202C shall file in the record of the contested case:
00203A All such written communications;
00203B Memoranda stating the substance of all such oral communications; and
00203C All written responses and memoranda stating the substance of all oral responses to all the ex parte communications
00203D 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
00203E Filing and notice of filing provided under subsection 00203D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication
92 Neb. Admin. Code, ch. 61, § 002