Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 249 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE MOTOR VEHICLE OPERATORS' LICENSES STATUTES, SUBPART H: PROVISIONS APPLICABLE TO OPERATION OF COMMERCIAL MOTOR VEHICLES, NEB.REV.STATS. 60-4,163 THROUGH 60-4,172, AND THE NEBRASKA ADMINISTRATIVE PROCEDURE ACT, NEB.REV.STATS. 84-913 THROUGH 84-920
Section 249-1-003 - EX PARTE COMMUNICATIONS

Universal Citation: 249 NE Admin Rules and Regs ch 1 § 003

Current through September 17, 2024

003.01 Prohibitions; when applicable.

The prohibitions found in this section shall apply beginning at the time notice for hearing is given. An agency may designate an earlier time, but such earlier time shall be required to be set forth in the agency's rules of procedure.

003.02 Prohibitions; to whom applicable.

003.02A Parties and public. No party in a CDL disqualification hearing or other person outside the agency having an interest in the hearing shall make or knowingly cause to be made an ex parte communication to the hearing officer or to an agency head or employee who is or may reasonably be expected to be involved in the decisionmaking process of the contested case.

003.02B Persons in decisionmaking roles. No hearing officer or agency head or employee who is or may reasonably be expected to be involved in the decisionmaking process of the CDL disqualification hearing shall make or knowingly cause to be made an ex parte communication to any party in a CDL disqualification hearing or other person outside the agency having an interest in the CDL disqualification hearing.

003.02C Investigators. No agency head or employee engaged in the investigation or enforcement of a CDL disqualification hearing shall make or knowingly cause to be made an ex parte communication to a hearing officer or agency head or employee who is or may reasonably be expected to be involved in the decisionmaking process of the CDL disqualification hearing.

003.03 Disclosure of contacts.

The hearing officer or agency head or employee who is or may reasonably be expected to be involved in the decisionmaking process of the CDL disqualification hearing who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 003.02A through 003.02C shall file in the record of the CDL disqualification hearing:

003.03A All such written communications;

003.03B An ex parte communication memoranda (Attachment 1) stating the substance of all such oral communications; and

003.03C 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 provided under subsection 003.03D shall not be considered on the record and reasonable notice for purposes of the definition of ex parte communication.

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