Section 49-2-004 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS004.01Prohibitions; when applicable The prohibitions found in this Section shall apply beginning at the time notice for hearing is given.
004.02Prohibitions; to whom applicable 004.02AParties and public. A party in a contested case or other person outside the Department having an interest in the application case shall not make or knowingly cause to be made an ex parte communication to the hearing officer or to the Director or any Department employee who is or may reasonably be expected to be involved in the decision making process of the application case.004.02BPersons in decision making roles. The hearing officer, the Director or any Department employee who is or may reasonably be expected to be involved in the decision making process of the application case shall not make or knowingly cause to be made an ex parte communication to any party in an application case or other person outside the Department having an interest in the application case.004.02CInvestigators. No Department employee engaged in the investigation of an application case shall make or knowingly cause to be made an ex parte communication to a hearing officer or the Director or any Department employee who is or may reasonably be expected to be involved in the decision making process of the application case.004.03 Disclosure of contacts The hearing officer or the Director or any Department employee who is or may reasonably be expected to be involved in the decisionmaking process of the application case who receives or who makes or knowingly causes to be made an ex parte communication set forth in Sections 004.02A through 004.02C of this Rule shall file in the record of the application case:
004.03A All such written communications.004.03B Memoranda stating the substance of all such oral communications.004.03C All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.004.04 Filing of notice The disclosure required in Section 004.03 of this Rule shall be filed within two 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.
004.04A The hearing officer or Director shall determine the method by which recipients shall respond to such notice and the time frame in which any response must be filed with the Department.004.04B Compliance with the provisions of Section 004.03 shall not alter or correct the nature of the original communication for purposes of the definition of ex parte communication.004.05 The prohibitions and filing requirements established by this Section shall not apply to the Director in any case for which the Director has, in writing, recused himself or herself from participation in the decisionmaking process.49 Neb. Admin. Code, ch. 2, § 004