Section 49-4-004 - 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 applicable004.02AParties and public. A party in a contested case, a non-party participant, or any other person outside the Department having an interest in the contested 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 decisionmaking process of the contested case.004.02BPersons in decisionmaking roles. A 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 contested case shall not make or knowingly cause to be mode an ex parte communication to any party in a contested case, a non-party participant, or other person outside the Department having an interest in the contested case.004.02CInvestigators. A Department employee engaged in the investigation or enforcement of a contested case shall not make or knowingly cause to be mode 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 decisionmaking process of the contested case.004.03 Disclosure of contacts The hearing officer or Director or any Department employee who is 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 mode an ex parte communication set forth in Sections 004.02A through 004.02C of this Rule shall file in the record of the contested 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 oil 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 oil interested parties, including all parties of record and all non-party participants in the contested case.
004.04A The hearing officer 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 Deportment.004.04B Compliance with the provisions of Section 004.03 of this Rule shall not alter or correct the nature of the original communication for purposes of the definition of ex porte 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 porticipation in the decision-making process.49 Neb. Admin. Code, ch. 4, § 004