Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-005 - Contested Case

Current through June 17, 2024
005.01.
Definitions
. The following definitions shall apply as used throughout Chapter 4 of these rules and regulations.
005.01A Contested case shall mean a proceeding before the Board in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after a Board hearing.
005.01B. Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:
005.01B1. Communications which do not pertain to the merits of contested case;
005.01B2. Communications required for the disposition of ex parte matters as authorized by law;
005.01B3. Communications in a ratemaking or rulemaking proceeding; and
005.01B4. Communications to which all parties have given consent.
005.01B5. Prohibitions against ex parte communications. The prohibitions found in this section shall apply beginning at the time notice for hearing is given.
005.01B5(a) Prohibitions; to whom applicable.
005.01B5(a)1. Parties and public. No party in a contested case or other person outside the Board 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 the Board member or employee who is or may reasonably be expected to be involved in the decision-making process of the contested case.
005.01B5(a)2. Persons in decision-making roles. No hearing officer or the Board member 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 Board having an interest in the contested case.
005.01B5(a)3. Investigators. No Board member 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 Board member or employee who is or may reasonably be expected to be involved in the decision-making process of the contested case.
005.01B5(b). Disclosure of contacts. The hearing officer or Board member or employee who is or may reasonably be expected to be involved in the decision-making process of the contested case who receives or who makes or knowingly causes to be made an ex parte communication set forth in subsections  005.01B5(a)1 through  005.01B5(a)3 shall file in the record of the contested case:
005.01B5(b)1. All such written communications;
005.01B5(b)2. Memoranda stating the substance of all such oral communications;
005.01B5(b)3. All written responses and memoranda stating the substance of all oral responses to all the ex parte communications.
005.01B5(b)4. 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 he given to all parties of record.
005.01B5(b)5. Filing and notice of filing provided under subsection  005.01B5(b)4 shall not be considered on the record and reasonable notice for purposes of the definition of ex. parte communication.
005.01C. Hearing officer shall mean the person or persons conducting a hearing, contested case, or other proceeding pursuant to the Administrative Procedure Act. whether designated as the presiding officer, administrative law judge, or some other title designation.
005.01D. Parry. means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.
005.01E. Petition means the initial document Hied by or with the Board that sets forth a claim and request for the Board action,