Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 251 - NEBRASKA ADMINISTRATIVE CODE
Chapter 2 - RULES AND REGULATIONS GOVERNING NOTICE AND HEARING FOR AGENCY CONTESTED CASES PURSUANT TO THE INTERNATIONAL REGISTRATION PLAN, NEB. REV. STAT. 60-305.02 THROUGH 60-305.17, AND THE ADMINISTRATIVE PROCEDURES ACT, NEB. REV. STAT. 84-913 THROUGH 84-920
Section 251-2-002 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS
Universal Citation: 251 NE Admin Rules and Regs ch 2 ยง 002
Current through September 17, 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
contested case or other person outside the agency having interest in the
contested case 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 decision making process of the
contested case.
002.02B
Persons in Decision Making Roles. No
hearing officer or agency head or 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 agency having an interest in the
contested case.
002.02C
Investigators. No agency head or 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
agency head 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 or agency head or employee who is or may be reasonably expected to be involved in the decision making process of the contested case who received or who makes or knowingly causes to be made an ex parte communication set forth in subsection 002.02A through 002.02C shall file in the record of the contested case:
002.03A All such written communication;
and
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 ex parte
communications.
002.03D The filing
shall be made within two (2) 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; and
002.03E Filing a 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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