Title 116Title 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 inthe 

### 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 49-149102 Ch. 10 Transactions with 

### Business Entity While Agent of State 49-14.102 Ch. 7 Transactions with Interested 

### Enterprises 49-14,104 Ch. 11



## r

. . . . . 

### -.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. 14Title 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 116Title 116

# - DEPARTMENT

### OF ENVIRONMENTAL CONTROL Chapter 2

# - CONFLICTS OF INTEREST GENERALLY



## - or otherwise. direct or indirect, or engage inany business or transaction 001. No employee of theqency shall have any interest, financial or professional activity or incur any obligation of any nature, which isin 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 116Title 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

3Title 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 

# ITitle 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 

### tofurther 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

5

. 

### __ . . ...

### - .... . . ....~.. .-. . . ..... . . . .. -. . . . . . -. . . . ... .. .. . .

. -. .-. . -..-’ 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

6Title 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 inwhich 

### he has a direct or indirect financial interest that might reasonably tend 

### to conflictwith 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 asTitle 116

# - DEPARTMENT 

### OF ENVIRONMENTAL CONTROL Chapter 8

# - IMPROPER INFLUENCE 001. ‘Any employee of theAgency 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 

### inany 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 

## -

8

# FILED REVISOROFREGVLAIIOtiS



### NOV

### -9 

### 81

# 00 I4

# 37
Title 116

## - DEPARTMENT 

### OF ENVIRONMENTAL CONTROL Chapter 9

# - INVESTMENT ININTERESTED ENTERPRISES



## - 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 orwhich 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 oftheAgency shall abstain from makfng personal

9Title 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 ofwhich isowned 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) 

## -

10Title 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 inpartnership

### with any person who accepts or agrees to accept, any employment, fee, or other thing of value, or portion thereof, inconsideration of 

### his appearing, agreeing to appear, or taking any other action on behalf of another person regarding a licensing or regulatory matter, before any Stateboard oragency which isestablished by law. Therefore, no with any person 

### or entity that has a matter pending 

### or to be pending upon employee of theAgency 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

11

. 

# -Title 116

# - DEPARTMENT OF ENVIRONMENTAL CONTROL Chapter 12

# - GIFTS 

### FROM INTERESTED ENTERPRISES


# - from any person doing business with the.State, excluding social favors given 001. An employee of 

### theAgency 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 ControlTitle 

### 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 inan adjudicatory and 

### the Hearing Examiner shall not 

### request 

### or entertain any such 

### ex parte, proceeding; and 

### theDirector, 

### theAgency staff participating in 

### the proceeding; off-the-record comnunication. 

### 001.01. The Director and 

### members of 

### theAgency shall not 

### submit,

001.02. All comnunications prohibited by 

### 001.01 above, shall 

### be reportedimmediately to the Hearing Examinerwho shall place the communication or a memorandum thereof inpublic 

### 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 ofa 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 inan 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 tonews 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,

# 8ebraska Department of Environmental 

### 001.04. The Director and 

### members of the Agency shall not submit, and

Control



### ..Title 116

# - DEPARTMENT OF ENVIRONMENTAL CONTROL Chapter 

### 14

# - VIOLATIONS
any suchemployee who shall knowingly and intentionally violate any of

### the provisions of.this code may be fined, 

### suspended 

### or removed from office or employment 

### in

### themanner provided by law. 001. In addition to any penalty contained in any other provision oflaw, Adopted for

### the DEPARTMENT OF ENVIRONMENTAL CONTROL.

Dan T. Drain, Director State ofNebraska Department of Environmental Control 

# 01.

-,: November 5, 1981

14