Nebraska Administrative Code
Topic - ATHLETIC COMMISSION
Title 38
Chapter 7 - PRACTICE AND PROCEDURE
Section 38-7-001.01 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS
Universal Citation: 38 NE Admin Rules and Regs ch 7 ยง 001-01
Current through March 20, 2024
001.01(A) PROHIBITIONS; WHEN APPLICABLE. The prohibitions found in this section shall apply beginning at the time notice for hearing is given.
001.01(B)PROHIBITIONS; TO WHOM APPLICABLE.
001.01(B)(i) PARTIES AND
PUBLIC. No party in a contested case or other person outside the
Commission having an interest in the contested case shall make or knowingly
cause to be made an ex parte communication to the hearing officer, the
Commissioner, or to an employee who is or may reasonably be expected to be
involved in the decision making process of the contested case.
001.01(B)(ii)PERSONS IN DECISION
MAKING ROLES . No hearing officer or the Commissioner or an
employee 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 Commission having an interest in the contested case.
001.01(B)(iii)
INVESTIGATORS. The Commissioner or a Commission employee engaged
in the investigation or enforcement of a contested case shall not make or
knowingly cause to be made an ex parte communication to a hearing officer or
the Commissioner or Commission employee who is or may reasonably be expected to
be involved in the decision making process of the contested case.
001.01(C)DISCLOSURE OF CONTACTS. The hearing officer or Commissioner or Commission 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 set forth in subsections 001.01(B)(i) through 001.01(B)(iii) shall file in the record of the contested case:
001.01(C)(i) All such written
communications;
001.01(C)(ii)
Memoranda stating the substance of all such oral communications; and
001.01(C)(iii) All written responses and
memoranda stating the substance of all oral responses to all the ex parte
communications.
001.01(C)(iv) 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.
001.01(C)(v) Filing and notice of filing
provided under subsection 001.01(B)(ii) is not considered on the record and
reasonable notice for purposes of the definition of ex parte
communication.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.