Nebraska Administrative Code
Topic - REAL PROPERTY APPRAISER BOARD
Title 297 - NEBRASKA REAL ESTATE APPRAISER BOARD
Chapter 4 - Rules of Practice and Procedure for Hearings in Contested Cases Before an Agency
Section 53-4-002 - Prohibitions against ex parte communications
Universal Citation: 53 NE Admin Rules and Regs ch 4 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 contested case or other person outside the agency
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 an agency head or
employee who is or may reasonably be expected to be involved in the
decisionmaking process of the contested case.
002.02B.
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
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 or employee who is or may
reasonably be expected to be involved in the decisionmaking process of the
contested case.
002.03. 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 contested case who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections 002.02A through 002.02C shall file in the record of the 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 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.
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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