Section 316-33-009 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS009.01 Ex parte communication means an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include: 009.01A Communications which do not pertain to the merits of a contested case;009.01B Communications required for the disposition of ex parte matters as authorized by law;009.01C Communications in a ratemaking or rulemaking proceeding; and009.01D Communications to which all parties have given consent.009.02 Prohibitions; when applicable The prohibitions found in this section shall apply when the Notice of Hearing has been issued.
009.03 Prohibitions; to whom applicable 009.03A 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 the Tax Commissioner or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.009.03B Persons in decision-making roles. Neither the Hearing Officer, the Tax Commissioner nor any employee of the Department who is or may 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 Department having an interest in the contested case.009.03C Neither the Tax Commissioner nor any employee of the Department engaged in the investigation or enforcement of a contested case shall make or knowingly cause to be made an ex parte communication to the Hearing Officer, Tax Commissioner or any employee of the Department who is or may reasonably be expected to be involved in the decision-making process of the contested case.009.04 Disclosure of contacts The Hearing Officer, Tax Commissioner, or any employee of the Department who is or may reasonably be expected to be involved in the decision-making process of the contested case who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 009.03A through 009.03C is required to disclose any such contact.
009.04A If an ex parte communication is made, the Hearing Officer, Tax Commissioner, or employee of the Department shall file in the record of the contested case: 009.04A(1) All such written communications;009.04A(2) Memoranda stating the substance of all such oral communications; and009.04A(3) All written responses and memoranda stating the substance of all oral responses to all ex parte communications. 009.04B The filing shall be made within two business days of the receipt or making of the ex parte communication. Notice of the filing, with the opportunity to respond, shall be given to all parties of record.009.04C Filing and notice of filing provided under subsection 009.03B shall not be considered on the record nor reasonable notice for purposes of the definition of ex parte communication.316 Neb. Admin. Code, ch. 33, § 009
Sections 84-909, 84-909.01, and 84-914(6), R.R.S. 2008. January 30, 2010.