Title 116 
Title 116 - DEPARTMENT OF ENVIRONMENTAL'CONTROL CODE OF ETHICS 

TABLE OF CONTENTS 

Subject of Title 

Code 

Statutory Authority Section 

Adjudicatory Hearing 49-14,101 

Before the Department 

Ch. 13 

Conflicting Employment 49-14,102(2) Ch. 4 

Disclosures 

Causing Confidential 

Conflicting Ernp1oyment. 49-14,104 

Impairing Judgement 

Conflicts of Interest 49-1499 

Generally 

Ch. 3 

Ch. 2 

Definitions Ch. 1' 

Disclosure f Information 49-14,101 (3) 

Acquired in the Course of 

Ch. 5 

Official Duties 

Gifts from Industrial 

Enterprises 49-14,101 Ch. 12 

Improper Influence 49-14;101(4) ch. a 

Investments in Interested 

Enterprises 

49-14,102 Ch. 9 

Sales to Interested 

Enterprises 

49- 14 9 102 Ch. 10 

Transactions with Business 

Entity While Agent of State 

49-14.102 Ch. 7 

Transactions with Interested 

Enterprises 49-14,104 Ch. 11 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL CODE OF ETHICS 

Table of Contents - Continued 

Subject of Title Statutory Authority 

Code 

Section 

Unwarranted Privileges 49-14,101(4) Ch. 6 

Violations Ch. 14 
Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 1 - DEFINITIONS 

- 001. As used'in this section: 

001.01 The term "Agency" shall mean the Department of Environmental 

' Control 

001.02. The term "employee" shall mean any officer, employee, or 

director of the. Agency 

Legal Citation: Chapter 1. Title 116 
Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 2 - CONFLICTS OF INTEREST GENERALLY 

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or otherwise. direct or indirect, or engage in any business or transaction 

001. No employee of theqency shall have any interest, financial 

or professional activity or incur any obligation of any nature, which is in 

substantial conflict with the proper discharge of his duties in the public 

interest. 

Enabling Legislation: Neb. Rev. Stat. 55 49-1499 (Reissue 1978) 

Legal Citation: Chapter 2, Title 116 
Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 3 - CONFLICTING EMPLOYMENT IMPAIRING JUDGMENT 

- will impair his independence of judgment in the exercise of his official 

001. No employee of the Agency shall accept other employment which 

duties. 

Enabling Legislation: Neb. Rev. Stat. 59 49-14,104 (Reissue 1978) 

Legal Citation: Chapter 3, Table 116 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 4 - CONFLICTING EMPLOYMENT CAUSING CONFIDENTIAL DISCLOSURES 

any business or professional. activity which will require him to disclose, 

confidential information which he has gained by reason of his official 

position or authority. 

Statute: Neb. Rev. Stat. @ 19:14,1D1(2) (Reissue 1978) 

Legal Citation: Chapter 4, Title 116 

- 001. No employee of the Agency shall accept employment or engage in 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 5 - DISCLOSURE OF CONFIDENTIAL INFORMATION ACQUIRED IN COURSE 

OF OFFICIAL DUTIES 

acquired by him in the course of his official duties nor use such information 

to further his personal interest. 

.Enabling Legislation:, Neb. Rev. Stat. 55 49-14,101(3) (Reissue 1978) 

Legal Citation: Chapter 5, Title 116 

- 001. No employee of the Agency shall disclose confidential information 

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.-’ 

Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 6 - UNWARRANTED PRIVILEGES 

- 001. No employee of the Agency shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or 

others. 

Enabling Legislation: Neb. Rev. Stat. 55 49-14,101(4) (Reissue 1078) 

Legal Citation: Chapter 6, Title 116 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 7 - TRANSACTIONS WITH BUSINESS ENTITY WHILE AGENT OF STATE 

representative or agent of the State with any business entity in which he 

has a direct or indirect financial interest that might reasonably tend to 

conflict with the proper discharge of this official duties. 

Enabling Legislation: Neb. Rev. Stat. 88 49-14,102 (Reissue 1978) 

Legal Citation: Chapter 7, Title 116 

- 001. No employee of the Agency shall engage in any transaction as 
Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 8 - IMPROPER INFLUENCE 

001. ‘Any employee of the Agency shall not by his conduct give reasonable 

basis for the impression that any person can improperly influence him or 

unduly enjoy his favor in the performance of his official duties, or that he 

party or person. The above shall not in any way prohibit political donations 

is improperly affected by the kinship, rank, position or influence of any 

or political activity allowed under the.Hatch Act. 

Enabling Legislation: Neb. Rev. Stat. 55 49-14,104(4) (Reissue 1978) 

Legal Citation: Chapter 8, Title 116 

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FILED 

REVISOR OF REGVLAIIOtiS 

NOV -9 81 0 0 I 4 3 7 

Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 9 - INVESTMENT IN INTERESTED ENTERPRISES 

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investments in enterprises which he has reason to believe may be directly 

substantial conflict between his duty in the public interest and his 

involved in decisions to be made by him or which wil otherwise create 

private interest. 

Enabling Legislation: Neb.. Rev. Stat. 55 49-14.102 (Reissue 1978) 

Legal Citation: Chapter 9, Title 116 

001. An employee of the Agency shall abstain from makfng personal 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 10 - SALES TO INTERESTED ENTERPRISES 

001. No employee of the Agency employed on a full-time basis, nor any 

finn or association of which such an employee is a member, nor any 

corporation a substantial portion of the stock of which is owned or 

controlled directly or indirectly by such employee, shall sell goods or 

services to any person. firm, corporation, or association which is 

licensed or whose rates are fixed by the Agency in which such employee 

serves or is employed. 

Legal Citation: Chapter 10, Title 116 

Enabling Legislation: Neb. Rev. Stat. 55 49-14,102 (Reissue 1978) 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 11 - TRANSACTIONS WITH INTERESTED ENTERPRISES 

- 001. An employee of the Agency shall not accept or agree to accept, or 

be in partnership with any person who accepts or agrees to accept, any 

employment, fee, or other thing of value, or portion thereof, in consideration of his appearing, agreeing to appear, or taking any other action on 

behalf of another person regarding a licensing or regulatory matter, before 

any State board or agency which is established by law. Therefore, no 

with any person or entity that has a matter pending or to be pending upon 

employee of the Agency shall enter into any private business transaction 

which the employee is or will be called upon to render a decision or pass 

judgment upon the same.. 

Enabling Legislation: Nev. Rev. Stat. 45 49-14,104 (Reissue 1978) 

Legal Citation: Chapter 11, Title 116, Nebraska Department of Environmental 

Control 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 12 - GIFTS FROM INTERESTED ENTERPRISES 

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from any person doing business with the.State, excluding social favors given 

001. An employee of the Agency shall not accept gifts of value or loans 

in the ordinary course of husiness.such as meals. 

Enabling Legislation: Neb. Rev. Stat. 8 49 14,10l(Reissue 1978) 

Legal Citation: Chapter 12, Title 116, i- ebraska Department of Environmental 

Control 
Title 116 - OEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 13 - ADJUXCATORY HEARING BERORE THE DEPARTMENT 

to the public interest and persons involved in proceedings pending before the 

- 001. In order to avoid all possibilities of prejudice, real or apparent, 

Agency, the following rules of ethics shall be observed after the initiation 

of hearing proceedings: 

and any other parties at an adjudicatory hearing are requested not to submit 

any ex parte, off-the-record comunication to the Director, or to the Agency 

staff, or to the Hearing Examiner, about any matter in issue in an adjudicatory 

and the Hearing Examiner shall not request or entertain any such ex parte, 

proceeding; and the Director, the Agency staff participating in the proceeding; 

off-the-record comnunication. 

001.01. The Director and members of the Agency shall not submit, 

001.02. All comnunications prohibited by 001.01 above, shall be 

reportedimmediately to the Hearing Examiner who shall place the communication 

or a memorandum thereof in public files associated with the case, but separate from the record material upon which the Agency will rely in reaching a decision. 

which may include recommending entry of a default on the part of the party guilty of the malfeasance. 

0; The Hearing Examiner shall take such additional action as he deems advisable 

opinions about any matter in issue in an adjudicatory proceeding to any other 

001.03. The Director and members of the Agency staff shall not offer 

party thereto or such party's attorneys, at any time after hearing proceedings 

have been initiated. 

any other parties are requested not to submit, any comments to news media 

concerning cases presently the subject of an adjudicatory hearing, or cases 

being tried in court, or an appeal from either. 

Enabling Legislation: Neb. Rev. Stat. 5 49-14,101 (Reissue 1978) 

Legal'Citation: Chapter 13, Title 116, 8 ebraska Department of Environmental 

001.04. The Director and members of the Agency shall not submit, and 

Control 

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Title 116 - DEPARTMENT OF ENVIRONMENTAL CONTROL 

Chapter 14 - VIOLATIONS 

any such employee who shall knowingly and intentionally violate any of the 

provisions of.this code may be fined, suspended or removed from office or 

employment in the manner provided by law. 

001. In addition to any penalty contained in any other provision of law, 

Adopted for the DEPARTMENT OF ENVIRONMENTAL CONTROL. 

Dan T. Drain, Director 

State of Nebraska Department of Environmental Control 

01. -,: November 5, 1981 

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