Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 465 - INTRODUCTION TO THE PROGRAM MANUAL
Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT
Section 465-6-002 - Prohibitions Against Ex Parte Communications

Universal Citation: 465 NE Admin Rules and Regs ch 6 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. The Department may designate an earlier time, but such earlier time shall be required to be set forth in the Department's rules of procedure.

002.02 Prohibitions; To Whom Applicable:

6-002.02A 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 hearing officer or to a Department head or employee who is or may reasonably be expected to be involved in the decision making process of the contested case.

6-002.02B Persons in Decision Making Roles: No hearing officer or the Director or other 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 Department having an interest in the contested case.

6-002.02C Investigators: Neither the Director nor any 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 or the Director or employee who is or may reasonably be expected to be involved in the decision making process of the contested case.

002.03 Disclosure of Contacts:

The hearing officer, the Director or any other 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 set forth in 465 NAC 6-002.02A through 6-002.02C shall file in the record of the contested case:

1. All such written communications;

2. Memoranda stating the substance of all such oral communications; and

3. All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.

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. Filing and notice of filing shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.

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