Section 350-90-003 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS003.01 Prohibitions; when applicable The prohibitions found in this section shall apply beginning at the time notice for hearing is given.
003.02 Prohibitions; to whom applicable 003.02A 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 Tax Commissioner, hearing officer or Department employee who is or may reasonably be expected to be involved in the decision making process of the contested case.003.02B Persons in decision making roles. The Tax Commissioner, hearing officer, or Department employee who is or may reasonably be expected to be involved in the decision making process of the contested case shall not 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.003.02C Investigators. Neither the Tax Commissioner nor 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, the Tax Commissioner or employee of the Department who is or may reasonably be expected to be involved in the decision making process of the contested case.003.03 Disclosure of contacts The Tax Commissioner, hearing officer or Department employee 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 shall file in the record of the contested case:
003.03A All such written communications;003.03B Memoranda stating the substance of all such oral communications; and003.03C All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.003.03D 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.003.03E Filing and notice of filing shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.350 Neb. Admin. Code, ch. 90, § 003