Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES
Section 92-55-002 - Prohibitions against ex parte communications
Universal Citation: 92 NE Admin Rules and Regs ch 55 ยง 002
Current through March 20, 2024
002.01 Prohibitions; when applicable
The prohibitions found in this section shall apply beginning at the time notice for hearing is given.
002.02 Prohibitions; to whom applicable
002.02A. Parties and public. No party in a
special education contested case or other person outside the Department having
an interest in the special education contested case shall make or knowingly
cause to be made an ex parte communication to the hearing officer.
002.02B. Persons in decisionmaking roles. No
hearing officer shall make or knowingly cause to be made an ex parte
communication to any party in a special education contested case or other
person outside the Department having an interest in the special education
contested case.
002.03 Disclosure of contacts
The hearing officer who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 002.02A through 002.02B shall file in the record of the special education contested case:
002.03A. All such written
communications;
002.03B. Memoranda
stating the substance of all such oral communications; and,
002.03C. All written responses and memoranda
stating the substance of all oral responses to all the ex parte
communications.
002.03D. The filing
shall be made within two (2) 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.
002.03E. Filing and notice of filing provided
under subsection
002.03D shall not
be considered on the record and reasonable notice for purposes of the
definition of ex parte communication.
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