Section 303-12-009 - Prohibition against ex parte communications009.01 Prohibition; when applicable The prohibitions found in this section shall apply beginning at the time notice for hearing is given. An agency may designate an earlier time, but such earlier time shall be required to be set forth in the agency's rules of procedure.
009.02 Prohibitions to whom applicable 009.02(a) Parties and public. No party in a contested case or other person outside the agency 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 the Director or employee who is or may be reasonably expected to be involved in the decision-making process of the contested case.009.02(b) Persons in decisionmaking roles. No hearing officer or the director or employee who is or may be 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 agency having an interest in the contested case.009.02(c) Investigators. No agency head 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 agency head or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.009.03 Disclosure of contacts The hearing officer or agency head or employee who is or may be reasonably 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 009.01 to 009.003 shall file in the record of the contested case:
009.03(a) All such written communications;009.03(b) Memoranda stating the substance of all such oral communications; and009.03(c) All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.009.03(d) 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.009.03(e) Filing and notice of filing provided under subsection 009.03 shall be considered on the record and reasonable notice for purposes of the definition of ex parte communications.303 Neb. Admin. Code, ch. 12, § 009